PUSHPA DEVI ETC. Vs. BHAGIRATHI YADAV & ORS.

JUDGEMENT

(1.) THIS appeal is for enhancement of claim of compensation for the death of one Chander Pal who was aged about 32 years and gainfully employed at the time of the accident. Since the income of the of the deceased was not proved, the Tribunal took the minimum wage of a skilled workman i.e. Rs. 4358/ - per month; added 50% towards the future prospects/inflation; deducted one -fourth towards the personal expenses; applied the multiplier of 16 and calculated the dependency at Rs. 9,66,328/ -. The Appellants do not dispute the quantum of dependency. It is urged by the Appellants' counsel that the non pecuniary damages towards the loss of estate, loss of consortium and funeral expenses were on the lower side. It is urged that the deceased was a young person aged about 32 years and left behind a widowed mother, a widow and two minor children. Some compensation towards the loss of love and affection ought to have been granted by the Tribunal.

(2.) IN Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., : 2009 (6) SCC 121, the Supreme Court held that an amount in the range of Rs. 5,000/ - to Rs. 10,000/ - towards the loss of estate, Rs. 5,000/ - to Rs. 10,000/ - under the head of loss of consortium and actual amount towards the funeral expenses should be awarded.

(3.) THE deceased was survived by a widowed mother, a young widowed (wife) and two minor children. I award a sum of Rs. 25,000/ - towards loss of love and affection.