SANJANA Vs. ARUN SHARMA

JUDGEMENT

(1.) CIVIL APPEAL NO. 20972 OF 2017 :

(2.) The fact of the accident having occurred and the cause of action having arisen for the claim, there is no doubt. The only aspect which requires consideration in this appeal is with regard to the appropriate amount to be awarded towards loss of dependency. In that regard, the claim made was that the deceased was earning a sum of Rs.10,000.00 per month being Rs.6,000.00 towards salary and Rs.4,000.00 from giving tuition. Even if the nature of evidence tendered and the consideration made by the Tribunal is taken note, insofar as excluding the amount claimed towards the tuition, it is justified.

(3.) The only aspect to be taken note is the appropriate monthly salary to be reckoned. In that regard, apart from the evidence tendered by the claimant, a co-employee who had worked with the deceased was also examined. In that circumstance in the year 2008, when it is claimed that the deceased was a computer operator, the salary of Rs.6,000.00 as claimed, cannot be considered as excessive. If that be the position, the said amount is required to be reckoned and further calculation towards loss of dependency is to be made. Hence, towards the said amount, keeping in view the fact that the deceased had a permanent avocation from which he was earning salary which is lost to the family, the future prospects in the present facts is required to be reckoned at 50%. If the same is done, the total salary would be in a sum of Rs.9,000.00 for the purpose of calculation. 1/3rd of the amount is required to be deducted towards personal expenses whereupon the remainder, on taking into consideration the annual loss of dependency, the multiplier of Rs.15.00 ' is required to be applied.