LAWS(DLH)-2010-2-26

GAYATRI DEVI Vs. TERSAM SINGH

Decided On February 03, 2010
GAYATRI DEVI Appellant
V/S
TERSAM SINGH Respondents

JUDGEMENT

(1.) The appellants have challenged the award of the learned Tribu-nal whereby compensation of Rs. 6,57,905 has been awarded to the appellants. The appellants seek enhancement of the award amount.

(2.) The accident dated 13.5.2005 resulted in the death of Mahender Kant Sharma. The deceased was survived by his widow, two minor daughters, one minor son and parents, who filed the claim petition before the learned Tribunal.

(3.) The deceased was aged about 36 years at the time of the accident and was working with Omega Construction Equip-ment as service engineer at a salary of Rs. 11,000 per month. Learned Tribunal disregarded the salary of the deceased and took the minimum wages of Rs. 3,804.90, deducted '/4th for the personal expenses of the deceased and applied the multiplier of 16 to compute the loss of dependency at Rs. 5,47,905. The learned Tribunal has awarded Rs. 50,000 towards loss of con-sortium, Rs. 10,000 for funeral expenses and Rs. 50,000 towards loss of love and affection. The learned Tribunal has award-ed total compensation of Rs. 6,57,905 to the appellants.