MAHRUNISHA Vs. MOHD NASEEM HAIDER

JUDGEMENT

(1.) The Appellant seeks enhancement of compensation of Rs.5,47,460/- awarded for the death of Gulam Haider, who was aged 49 years and died in a motor accident which occurred on 24.09.2009. There is no Appeal by the driver, insured and insurer; thus I am not to go into the question of negligence.

(2.) The Claims Tribunal in the absence of any documentary evidence did not rely upon the affidavit of Mehrunisa, the deceased's wife who claimed the deceased's income to be Rs.8,000/- per month. The Tribunal took the minimum wages of skilled worker i.e. Rs.4377/- deducted 25% towards personal expenses as the number of dependants was 5 and applied multiplier of '13' as per the age of the deceased.

(3.) It is true that the Appellants were unable to place on record any proof with regard to the deceased employment and his actual income. The Appellant No.1 was a resident of Bihar. The deceased's driving licence Ex.PW-1/3 to drive MMV/HMV was proved on record. The accident took place while the deceased was driving the truck with another truck. In the circumstances, it is established that the deceased was working as a truck driver. The salary of a truck driver, a bus driver, a motor car driver cannot be the same although all of them are skilled worker. In my view, salary of a truck driver can be assumed to be at Rs.250/- per day i.e. Rs.7500/- per month. On applying the principle of Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., 2009 6 SCC 121, the loss of dependency come to Rs.8,77,500/- (7500x12x13x3/4).