VISHAKHA DEVI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) One Ram Avtar Gupta, 42, a sale Supervisor in Private Firm, died in a road accident on 21.2.88. His LRs. filed claim Suit No. 219/88 and MACT after assessing his income at Rs.1,4150.00 applied multiplier of 12 and awarded them a compensation of Rs. 2,00,200.00 with 12% interest. Out of this 85% of the compensation amount was ordered to be deposited in FDR for 6 years.

(2.) Appellants feel dissatisfied and have filed this appeal for enhancement of compensation. Their case is that MACT ought to have taken the income of deceased at Rs. 3,000.00 because of the perks he was enjoying including a commission of Rs. 800.00 or so and that it had applied a low multiplier of 12, instead of 15 as per schedule under MEA.

(3.) There is no basis for appellant's claim that income of the deceased should have been assesses at Rs. 3,000.00. His income was rightly determined at Rs. 1,450.00 on the testimony of the employer and any commission received by him was not proved to be part of his income and was not liable to be included in the gross income. However, their grievance about multiplier is justified given regard to the age of the deceased which was 42 years, A multiplier of 15 ought to have been applied in the facts and circumstances of the case. Therefore, applying this compensation amount would have worked out Rs. 2,61,000.00