KEITH ROWE Vs. PRASHANT SAGAR

JUDGEMENT

(1.) The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 4,93,000/- has been awarded to the appellant. The appellants seek enhancement of the award amount.

(2.) The accident dated 11th February, 2001 resulted in the death of Parminder Kaur Rowe. The deceased was survived by her husband who filed the claim petition before the learned Tribunal.

(3.) The deceased was aged 31 years at the time of the accident. The appellant is her husband who was about 38 years at the time of the accident. There are no children out of the wedlock of the appellant and the deceased. The deceased was working as Executive Assistant with M/s. Invensys India Private Ltd. at a monthly salary of Rs. 20,000/-. The employment of the deceased was proved by appointment letter dated 9th May, 2000 - Ex.PW-1/13. Form-16 dated 30th April, 2001 relating to the Income Tax deducted by the employer was proved as Ex.PW-1/14. The appellant claimed that the deceased was also Director in the Private Limited Company of the appellant named H.R. Solutions Pvt. Ltd. The Income Tax returns of M/s. H.R. Solutions Pvt. Ltd. were proved as Ex.PW-1/16 to Ex.PW-1/18. However, no proof of the income of the deceased from M/s. H.R. Solutions Pvt. Ltd. was placed before the learned Tribunal. The learned Tribunal, therefore, took the income of the deceased after deductions to be Rs. 13,000/- on the basis of the appointment letter Ex.PW-1/13. The appellant was not dependent upon the deceased and the learned Tribunal took the loss of estate of the appellant as 1/4 of the income of the deceased and applied the multiplier of 12 to compute the loss of dependency at Rs. 4,68,000/-. Rs. 15,000/- have been awarded towards loss of consortium and Rs. 10,000/- towards funeral expenses. The total compensation awarded is Rs. 4,93,000/-.