SWARAN LATA MALHOTRA Vs. MAYANK ARORA

JUDGEMENT

(1.) The appellants have challenged the award dated 28th November, 2016 whereby the Claims Tribunal awarded compensation of Rs.4,96,000/- to the appellants. The Claims Tribunal amended the award on 19th December, 2016 and reduced the compensation amount to Rs.4,03,285/-.

(2.) The accident dated 8th June, 2013 resulted in the death of Amandeep Malhotra. The deceased was aged 21 years at the time of the accident and was survived by his parents who claimed compensation. The deceased was educated up to 9th Standard and was running his mobile repair shop. It was claimed that the deceased was earning Rs.30,000/- per month. However, in the absence of any documentary proof of income, the Claims Tribunal took minimum wages of Rs.7,722/- per month, deducted 50% towards personal expenses and applied the multiplier of 5 to compute the loss of dependency as Rs.2,31,660/-. The Claims Tribunal awarded Rs.21,625/- towards medical expenses, Rs.1 lakh towards loss of love and affection, Rs.25,000/- towards funeral expenses and Rs.25,000/- towards loss of estate. Total compensation awarded is Rs.4,03,285/-.

(3.) Learned counsel for the appellants urged at the time of hearing that the deceased had studied up to 9th standard and therefore, minimum wages of Rs.8,528/- per month in respect of a non-matriculate be taken into consideration. It is further submitted that the Claims Tribunal has not taken the future prospects to 40% while computing the compensation. Learned counsel for the appellants further submits that the Claims Tribunal has taken multiplier of 5 whereas appropriate multiplier according to the age of the deceased is 18.