SUKHDEV PRASAD Vs. SUNIL KUMAR

JUDGEMENT

(1.) The petitioner has challenged the award dated 02nd August, 2018 passed by the Claims Tribunal whereby the Claims Tribunal awarded compensation of Rs.4,49,004.48 along with interest @ 9% per annum to the appellant.

(2.) The accident dated 16th April, 2016 resulted in death of Avdhesh Kumar. The deceased was aged 25 years at the time of accident and was survived by his father who claimed compensation. According to the claimant, the deceased was earning Rs.15,000/- per month. However, in the absence of any documentary proof of income, the Claims Tribunal took the minimum wages of Rs.9,568/- per month as income of the deceased, added 40% towards future prospects and deducted 85% towards personal expenses. The Claims Tribunal awarded 15% towards loss to the estate to the appellant on the ground that the father was not dependent upon the deceased. The Claims Tribunal assessed the loss of estate as Rs.4,34,004.48. The Claims Tribunal awarded Rs.15,000/- towards funeral expenses. The total compensation is Rs.4,49,004.48 along with interest @ 9% per annum.

(3.) Learned counsel for the appellant submits that the appellant was dependent upon the deceased and entitled to loss of dependency according to principles laid down in National Insurance Co. Ltd. v. Pranay Sethi, 2017 16 SCC 680. Reliance is placed on Magma General Insurance Co. Ltd. v. Nanu Ram, 2018 18 SCC 130 in which the Supreme Court awarded the compensation to the parents of the deceased according to the principles laid down in Pranay Sethi (supra). Reliance is also placed on the recent judgment of this Court in Indrawati v. Ranvir Singh, 2021 276 DLT 415.