KAUSHALYA DEVI Vs. K L BANSAL

JUDGEMENT

(1.) The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.13,44,200/- has been awarded to claimants/respondents No.1 to 6.

(2.) The accident dated 30th March, 2004 resulted in the death of Avadh Bihari. The deceased was survived by his widow, two daughters and parents, who filed the claim petition before the learned Tribunal.

(3.) The deceased was aged 26 years at the time of the accident and was running a tea stall. However, in the absence of any documentary proof of income, the learned Tribunal took the minimum wages of Rs.2862.90 in respect of an unskilled worker. The learned Tribunal presumed that the minimum wages would have increased 5 times by the end of his working period and took the average of his minimum wages and 5 times as Rs.8,589/- {[Rs.2,862.90 + (Rs.2,862.90 x 5)]/2}. The learned Tribunal deducted 1/4th towards the personal expenses of the deceased and applied the multiplier of 17 to compute the loss of dependency at Rs.13,14,117/-. The learned Tribunal has awarded Rs. 5,000/- towards loss of estate, Rs.5,000/- towards funeral expenses, Rs.10,000/- towards loss of consortium and Rs.10,000/- towards loss of love and affection. The total compensation awarded is Rs.13,44,117/- rounded off as Rs.13,44,200/-.