NATIONAL INSURANCE CO LTD Vs. SAVITRI

JUDGEMENT

(1.) THE Appeal impugns an award dated 18.10.2010 on the quantum of compensation on twin grounds i.e. the Tribunal ought not to have granted future prospects in the absence of any evidence and that the deduction of one -fourth towards the personal expenses should have been made considering that the number of dependents are six.

(2.) RESPONDENT No.1 Savitri entered the witness box as PW -1 and deposed that her husband was a Graduate from Delhi University. He was working as a courier boy with M/s. Cosmos Worldwide Express. He was getting a total salary of Rs. 4,000/ - i.e. 2,500/ - towards his salary and Rs. 1,500/ - towards overtime and conveyance. The Tribunal did not rely on the certificate in the absence of any proof through the examination of the relevant witness from the employer. It took the minimum wages of an unskilled worker which were equivalent to his salary without the overtime and conveyance allowance, added 50% towards future prospects and computed the loss of dependency as Rs. 6,75,000/ - by applying the multiplier of "15" relevant to the deceased's age.

(3.) DECEASED 's personal expenditure, the dependency works out as 3750 X 3/4=2812.5 X12 X15= Rs. 5,06,250/ -. Adding the conventional sum towards non -pecuniary expenses as granted by the Tribunal, the overall compensation works out as Rs.