PARVATI Vs. UOI AND ORS

JUDGEMENT

(1.) The appellant impugns the award dated 31.08.2000 passed by Motor Accident Claim Tribunal (Tribunal) whereby a compensation of Rs. 57,600/- was granted for the death of deceased Pakium, who was aged about 18 years at the time of the accident, which occurred on 19.12.1985. The Appellant's case before the Tribunal was that the deceased was rendering domestic services to a person, who provided a servant quarter (in lieu of the services) and the rental value of the quarter was Rs. 800/- per month. By the impugned award the Tribunal believed the income of the deceased to be Rs. 800/- per month, deducted 1/3 rd towards her personal expenses and on applying the multiplier of '9' arrived at the dependency as Rs. 57,600/-. The Tribunal awarded a conventional sum of Rs. 2,000/- towards funeral expenses making the total awarded compensation as Rs. 59,600/-.

(2.) The following contentions were raised on behalf of Appellant: -

(3.) No evidence was led before the Tribunal as to the value of the servant quarter except the statement of Appellant before the Tribunal. The minimum wages on the date of accident were Rs. 414/- per month. Even if 50% increase was to be given on account of inflation, the dependency was to be computed as Rs. 621/-, which was much less than the amount of Rs. 800/-. Moreover, the compensation in respect of death of a person would not be admissible to the Appellant/ legal representative where he or she is not financially dependant upon the deceased.