MAMTA DEVI Vs. MANAGER SINGH

JUDGEMENT

(1.) MAC APP No.421/2011 is for enhancement for compensation in respect of death of Bhairon Das, who was aged about 25 years at the time of the accident which took place on 07.03.2010. The Motor Accident Claims Tribunal (the Tribunal) by the impugned award dated 09.02.2011 granted compensation of Rs. 11,65,048.00.

(2.) THE Appellantsï¿ 1/2 grievance is that the deceasedï¿ 1/2s father Nageshwar Das was not considered as a dependent and, therefore, the Tribunal deducted one-third towards the personal living expenses which ought to have been one-fourth. It is averred that no compensation was awarded towards the loss of love and affection.

(3.) THE law with regard to the grant of future prospects was crystallized in the judgment of the Supreme Court in Sarla Verma & Ors. v. Delhi Transport Corporation (supra). The future prospects are granted only where the deceased has a permanent job and there is evidence of future prospects. Addition of 50% in the minimum wages to work out the average income of the deceased is not towards the future prospects but to counter inflation. It has to be borne in mind that the minimum wages are increased by the Govt. from time to time to counter indexation inflation and to give a better standard of living to the lowest paid workers. The aspect of considering addition of 50% of minimum wages in the case of lowest paid workers was not considered by the Supreme Court in Sarla Verma (supra).