MANJU Vs. AZEEMUDDIN

JUDGEMENT

(1.) The Appellants seek enhancement of compensation in respect of death of Dhirender Kumar, who died in a motor accident, which took place on 8.2.2008.

(2.) The Appellants' grievance is that from the service record as also from the Identity Card it was proved that the deceased's date of birth was 1.7.1968 thus he was less than 40 years. The deceased being in settled job, the Appellants were entitled to the addition of 50% of his income as future prospects and a multiplier of '15' as per the law laid down in Sarla Verma v. DTC, 2009 3 ACC 708 It is urged that a sum of Rs. 5,000 towards love and affection awarded by the Tribunal was towards lower side considering that the deceased left behind their minor children apart from the parents and the widow.

(3.) With the help of learned Counsel for the parties, I have checked the Tribunal's record. In the service record deceased's date of birth is mentioned as 1.7.1968. Thus it is established that the deceased was less than 40 years on the date of accident and, therefore, the Appellants were entitled to an addition of 50% towards future prospects. After deducting the liability towards income tax and applying the multiplier of 15 the dependency works out to be Rs. 28,72,328 [Rs. 15,422 + 50%=Rs. 23,133 Rs. 1,856.5 (income tax) 1/4th x 12 x 15].