NAJMA BEGUM Vs. VIVEK PANDEY

JUDGEMENT

(1.) The award impugned is the Award dated 30.5.2011 vide which a total compensation in the sum of Rs. 7,39,200 had been awarded in favour of the claimant. The deceased Mohd. Ishak had died in an accident which had occurred on 2.10.2009. Contention of the claimant i.e. the widow of the deceased Mohd. Ishak was that Mohd. Ishak was working as a tailor; admittedly there was no documentary to the said effect. The minimum wages applicable on that date i.e. on the day of the accident of an unskilled worker were thus rightly taken into account which was Rs. 3,953 per month. The Tribunal has, however, miscalculated the price rise and index inflation; there is a calculation error. In view of the catena of judgment of this Court reported in , Kanwar Devi & Ors. v. Bansal Roadways & Ors., 2009 1 ACC 583 , Lekh Raj & Anr. v. Suram Singh & Ors., 2007 2 ACC 107 , National Insurance Company Ltd. v. Renu Devi, 2008 3 ACC 134 50% increase should have been added to the minimum wages working out to a sum of Rs. 5,930 per month. Admittedly the deduction of 1/4th had to be made as there were five dependents of the deceased. After giving benefit of deduction the figure of salary of the income of the deceased is to be reduced to Rs. 4,447; and thereafter adding the multiplier of 12 to compute the annual income. The correct multiplier of 16 had to be applied for computing loss of dependency. The total compensation thus to be awarded under the head of 'loss of dependency' would read as Rs. 8,53,824 which is the figure now to be substituted for the amount awarded Rs. 7,11,648 under the aforenoted head. This modification is made accordingly.

(2.) Under the head of 'non-pecuniary' damages admittedly no amount had been granted for 'loss of love and affection'; 'consortium', 'funeral expenses' and 'loss of estate' alone have been taken into account. The deceased was aged about 30 years; his minor children, widow wife and mother had lost out the love and affection which would have accrued to them in the normal course of life. Accordingly a sum of Rs. 50,000 is awarded under the head of 'loss of love and affection'. The total awarded amount would now read as Rs. 9,31,324 which is rounded off to Rs. 9,31,400 upon which interest @ 7.5% per annum shall accrue to the claimants from date of the filing of the petition till realization.