ANITA JAIN Vs. SANJAY

JUDGEMENT

(1.) THE Award impugned is the Award dated 19.3.2008 vide which a compensation in the sum of '5,44,000/- had been awarded in favour of the claimant qua the death of deceased Ankur Jain. THE accident had taken place on 21.12.2006 when Ankur Jain along with his father Arihant Jain were going to Rana Pratap Bagh on their scooter; they were hit by a tempo. Arihant Jain sustained serious injuries and Ankur Jain succumbed to his injuries. Claim petition was filed qua both the death of Ankur Jain as also for the injuries sustained by Arihant Jain. THE subject matter of the appeal in the present proceedings is the claim of compensation of '5,44,000/- which had been awarded in favour of the legal representatives of Ankur Jain/claimant.

(2.) THE appellant is aggrieved by the multiplier which has been awarded in this case. Deceased Anjur Jain was 22 years of age; his mother Anita Jain was aged around 46 years on the date of the accident as is evident from the record. Keeping in view the ratio of the judgment reported in 2009 (6) Scale 129 Sarla Verma and Ors. Vs. Delhi Transport Corporation and Anr. learned counsel for the petitioner submits that the multiplier of 13 should have been applied and not multiplier of 8 as has been resorted to by the Tribunal. This submission has force. THE income of the deceased after deduction had been calculated at '5,250/- per month; this was after taking of the average of the income tax returns which have been filed by him. Annual income of the deceased was calculated at '63,000/-. This figure had been arrived at after deducting 50% on account of personal expenses of the deceased as he was a bachelor. In view of the ratio of the judgment of Sarla Verma (supra) applying the multiplier of 13 to the annual income of '63,000/-, the modified amount under the head of loss of dependency would read as : '63000/- x 13= '8,19,000/- .

(3.) APPEAL is disposed of in the above terms.