- (1.) THE claimants are parents of the deceased aged about 48 years and 40 years respectively. The deceased Anis Kumar Choubey while going on scooter was dashed by a truck bearing Registration No.BPV -7437 which was insured with the respondent - Insurance Company. Evidence was led to the effect that the deceased was running a hardware shop and his earning was Rs.7000/ - per month out of which he was contributing Rs.5000/ - per month. By reason of the said accident, another person also died and his case was settled in the Lok Adalat and State Of Jharkhand Through Director General Of Police Versus Thakur Ajit Kumar compensation amount was paid by the respondent -Insurance Company.
(2.) WHILE deciding the quantum of compensation, the Tribunal recorded the following findings: - "No documentary evidence has been brought on record with regard to the daily slae of the said business and his monthly income as Rs.7000/ - per month. Admittedly, the deceased was not an income tax assessee. No income tax return by the deceased or his father has been brought on record. Regarding the earning of per month of the deceased, the oral evidence of the father (applicant no.2) of the deceased is on record which has been supported by oral evidence of A.W.3 Ajeet Kumar Singh. There is also no documentary evidence on record to prove that said hardware business was solely running by the deceased. To prove this fact, the applicants brought one documentary evidence (Ext.7) certificate of verification issued by weight and measurement department in the name of ˜Manish Distributors' but from perusal of the same, it appears that, the said verification certificate is in the name of ˜M/s Manish Distributor' (II.W.) Sri Bechan Choubey of main road, Naya Bazar, Jugsalai, Jamshedpur. By this Ext.7 it is well proved that said ˜Manish Distributor' of hardware was registered in the name of applicant no.2. There is no evidence of any nearby shop keeper or any staff of said hardware business on record to strictly prove that said hardware business was running by the deceased alone and his income was Rs.7000/ - per month and out of which deceased was distributing Rs.5000/ - to the applicants. Thus, under aforesaid facts and circumstances, I am not inclined to accept on the basis of evidence of applicant no.2 and A.W.3 and also on the basis of declaration made by the applicants, through, their claim petition that, deceased used to earn Rs.7000/ - per month from hardware business. Admittedly, the deceased was 20 years old, unmarried person, at the time of accident. It is settled principle of law, that, where there is no evidence of income of deceased on record, the, in that circumstance, the notional income is Rs.15,000/ - per year, would be applicable. Thus, I am of the view that, the applicants are entitled to claim compensation for loss of dependency. I also find that, the deceased was unmarried, compensation has to be assessed only in term of loss of dependency, caused to applicants due to death of their eldest son." Prima facie we are of the view that the approach of the Tribunal while deciding the quantum of compensation is not in accordance with law. Merely because the deceased was not income tax payee, the evidence of the witnesses on the earning of the deceased cannot be discarded and the claim cannot be decided on the basis of notional income. Even assuming that the hardware shop is owned by father of the deceased, the evidence adduced by the claimants' witnesses that from the hardware business he was earning the alleged amount could not have been disbelieved. In any case, the deceased must have been earning Rs.3000/ - per month from the hardware business of his father. If this amount of Rs.3000/ - per month is taken, the annual dependency comes to Rs.24000/ -. Taking the minimum multiplier of 15, the compensation amount comes to Rs.3,60,000/ -. In our considered opinion, therefore, the reasonable amount of compensation cannot and shall not be less than Rs. 3,60,000/ -.
(3.) WE , therefore, allow this appeal and enhance the compensation from Rs.1,50,000/ - to Rs.3,60,000/ - which shall carry interest as awarded by the Tribunal.;