Kamla Vyas and ors. Vs. Basant and ors.

.....if there is assail to the order emerging from the inferior tribunal or subordinate courts has to be treated all the time for all purposes to be under article 227 of the constitution of india. it would depend upon the real nature of the order passed by the learned single judge. the pleadings also assume immense significance. it would not be an over emphasis to state that an order in a writ petition can fit into the subtle contour of articles 226 and 227 of the constitution in a composite manner and they can co-inside, co-exist, overlap or imbricate. in this context it is apt to note that there may be cases where the single judge may feel disposed or inclined to issue a writ to do full and complete justice because it is to be borne in mind that article 226 of the constitution is fundamentally a repository and reservoir of justice based on equity and good conscience. it will depend upon factual matrix of each case. dr. jaidev siddha v. jaiprakash siddha, 2007(2) mpjr (fb) 361: air 2007 mp 269 (fb) is not impliedly overruled in view of dismissal of slp preferred against order reported in rama and company v. state of madhya pradesh [2007 (2) mpjr 229 (db) (mp)]. - 50,000 towards various other heads such as loss of love and affection, loss of company, loss of consortium, funeral expenses and for the medical expenses......1, the same landed in a ditch in which chandulal vyas, a passenger, sustained bodily injuries and succumbed to the same. he was aged about 57 years at the time of accident and was working as chief manager with central bank of india. the aforesaid facts have not been disputed by learned counsel appearing for the respondent. appellants, i.e., wife, son and daughters have been awarded a sum of rs. 4,02,000 and this appeal is for enhancement.3. after having heard learned counsel for the parties and after perusal of the record, we are of the opinion that the amount awarded is on lower side and deserves to be enhanced. in fact, the impugned award would show that certain wrong deductions have been made. the deceased was aged about 57 years at the time of accident and his salary was rs. 18,260 per month. the tribunal committed an error in deducting the amount of pension, which appellant no. 1 (widow of the deceased) is getting. thus, this error has to be rectified. taking his salary as rs. 18,500 per month and after deducting 1/3rd amount, which the deceased must have been spending on himself, the dependency of appellants would come to about rs. 1,50,000 per annum. looking to the age of the deceased and that of the appellants the proper multiplier would be 8. thus, the compensation would come to rs. 1,50,000 x 8 = rs. 12,00,000. to this we add a further sum of rs. 50,000 towards various other heads such as loss of love and affection, loss of company, loss of consortium, funeral expenses and for the medical expenses. thus, the total amount of compensation payable to the appellants would come to rs. 12,50,000, which shall be paid by the respondents jointly and severally. the difference amount would carry interest at 4 per cent per annum from the date of application till actually paid.4. this appeal is allowed to the extent mentioned herein above. the impugned award stands modified. the respondents to bear cost of the litigation throughout. counsel's fee rs. 1,000, if.....