Tribunal grants more compensation than claimed to mishap victim’s widow

“The court has followed a Supreme Court judgment to decide the amount of compensation. While we pray for compensation of reasonable amount,the court had every power to order for excess compensation depending on the merits of the case,” said advocate D D Shinde,counsel for the petitioners.

According to the petitioners,Gejage who was working as a driver with a transport company had gone to Malshiras taluka to attend a wedding on December 26,2004. At 8.30 pm,the driver of Chaudhuri’s tractor,driving a tractor-trolley loaded with sugarcane,dashed Gejage,who succumbed to his injuries on the way to Sassoon General Hospital.

The claimants submitted in the court that Gejage was earning Rs 4,500 per month with Rs 50 as daily allowance and Rs 2,500 per month as overtime allowance and demanded compensation of Rs 3 lakh.

The court,however,relying on the documented proofs of Rs 4,500 as the salary of Gejage considered his annual income to be Rs 54,000. According to Motor Vehicle Act,deducting 1/3rd amount from annual income of the deceased towards his self maintenance,dependency of the claimants per annum is assessed at Rs 36,000.

“Since Gejage was 52-year-old when he died,according to Supreme Court judgment in Sarla Verma and others versus Delhi Transport Corporation,the amount should be multiplied by 11,which comes to 3.96 lakh,” the order states. In its final order,the court directed Chaudhari to pay Rs 4.03 lakh with 5 per cent interest rate per annum from June 10,2005 when the petition was filed.