GYANANDER SINGH Vs. RAKESH & ORS.

JUDGEMENT

(1.) The appeal is for enhancement of amount of compensation in respect of death of Ashok Kumar who was aged about 19 years at the time of the accident which took place on 24.12.2002.

(2.) In the Claim Petition filed by the Appellant it was alleged that the deceased was working as a conductor. In the absence of any proof of income produced by the Appellant, the Tribunal took the minimum wages i.e. Rs. 2680/ -; added 50% towards future prospects; deducted one -third towards personal expenses for six years and two -third for remaining seven years. The Tribunal awarded a compensation of Rs. 3,05,772/ - by making an addition of Rs. 2,000/ - on account of funeral expenses and Rs. 25,000/ - on account of mental pain and agony suffered by the Appellant.

(3.) On the basis of the judgment of this Court in Narinder Bishal & Anr. v/s. Rambir Singh & Ors., : 2009 ACJ 1881; UPSRTC v/s. Munni Devi,, IV (2009) ACC 879; National Insurance Company Ltd. v/s. Renu Devi & Ors., : III (2008) ACC 134; and Vinod Kumar Bansal v/s. Ranbir Singh & Ors.,, 2011 ACJ 1672 (Delhi), the Appellant is entitled to addition of 50% in the minimum wages on account of inflation and increase in minimum wages to provide better standard of living to the lowest paid workers, which was done by the Tribunal as future prospects. Deducting 50% towards personal expenses (as per Sarla Verma & Ors. v/s. Delhi Transport Corporation : (2009) 6 SCC 121), the dependency works out as Rs. 3,13,560/ - (Rs. 2680+1340/2 x 12 x 13, the multiplier as per the age of the mother).