UOI & ORS Vs. SUDESH RANI & ORS

JUDGEMENT

(1.) The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 1,44,000 has been awarded to claimants/respondent Nos. 1 and 2. The appellants seek reduction of the award amount on the ground of composite negligence. Claimants/respondent Nos. 1 and 2 have filed cross-objections seeking enhancement of the award amount.

(2.) The accident dated 15th February, 1991 resulted in the death of Ram Murti. The deceased was survived by his widow and minor daughter who filed the claim petition before the learned Tribunal.

(3.) The deceased was aged 39 years at the time of the accident and was running a Kiryana shop earning Rs. 4,000 per month. However, in the absence of sufficient proof of income, the learned Tribunal took the minimum wages of Rs. 1,222 per month. The learned Tribunal took the future prospects into consideration by taking the average of Rs. 1,222 and Rs. 2,500, deducted Rs. 550 towards the personal expenses of the deceased and applied the multiplier of 10 to compute the loss of dependency at Rs. 1,44,000. No compensation has been awarded for loss of consortium, loss of love and affection, loss of estate and funeral expenses.