Eqbal & Roy, JJ. - (1.) THIS appeal by the claimants-appellants is for enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Jamshedpur in Compensation Case No. 132 of 2005 whereby a sum of Rs. 1,34,000 has been awarded by way of compensation for the death of deceased.
(2.) THE facts of the case are that the deceased, while returning to her home from the house of her daughter, was dashed by a minibus bearing registration No. BR 16-P 0368 which was coming in a very high speed. THE bus was insured with the respondent National Insurance Co. Ltd. The case of the claimants is that the deceased was working as Reja and she was a daily wage earner. The claimants claimed compensation of Rs. 2,25,000. The accident took place in the year 2005. The Tribunal taking Rs. 60 as daily earning of the deceased calculated the monthly earnings at Rs. 1,560, after deducting V3rd, the compensation was assessed at Rs. 1,34,000. As noticed above, Tribunal, firstly, failed to consider that the minimum wage at that time was much more than Rs. 60 per day. The Tribunal also failed to consider that a lady who works as a Reja does not spend '/3rd of her earnings for her personal expenses. It can be noticed that in this State the ladies living below poverty line work as Reja and everyday come to the place of work with their lunch. Therefore, in such type of cases total earnings is to be taken as the earning of the deceased for the purpose of assessing compensation. In the instant case, if we take the daily earning of the deceased at Rs. 60 the annual dependency comes to Rs. 21,600. If we accept the age as shown in post-mortem report the multiplier of 10 should be taken, then the net compensation amount comes to Rs. 2,16,000. We appreciate the fairness and honesty of the claimants who have claimed only Rs. 2,25,000 which they are really entitled to get by way of compensation.
(3.) WE, therefore, hold that claimants are entitled to get a minimum of Rs. 2,25,000, which the claimants have claimed in the claim application. This appeal is therefore, allowed and the amount of compensation is enhanced to Rs. 2,25,000. Needless to say that this amount shall include the amount that has already been paid to the claimants. Appeal allowed.;