DHURGA SINGH Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) THIS appeal is by the parents and brother of the deceased Arjun Singh and the quantum of compensation awarded by the tribunal is called in question on the ground i.e., on the lower side for the following reasons;

(2.) SUBMISSION of learned counsel for the appellants is that the income of the deceased was taken as Rs.3,000/- per month and secondly, multiplier applied in respect of the age of the mother ought to have been 9 as her age was 58 years. Therefore, the award amount be modified. Further submission made is that the 3rd claimant being the brother was also dependent upon the deceased.

(3.) HAVING thus heard both sides, so far as income is concerned, tribunal could have taken the same at Rs.4,000/- per month even taking into account the Apex Court's decision referred to by the appellants' counsel reported in 2012 AIR SCW 2892. Age of the mother was mentioned as 58 years and the tribunal guessed to putting the age of the mother as 18 years which may not be correct. Therefore, taking 58 years as the age, the appropriate multiplier applicable would be 9 and consequently, loss of dependency amount gets modified and in place of Rs.1,60,000/- it has to be Rs.2,16,000/-. Towards conventional heads, Rs.40,000/- has to be awarded and towards medical expenses, Rs.90,000/- given by the tribunal will have to be maintained. Thus, the compensation amount gets enhanced to Rs.3,51,000/- instead of Rs.2,80,000/-. The interest and apportionment will be as per the directions of the tribunal.