SURESH Vs. AMIT KUMAR

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.11,52,564/- awarded for the death of Balraj Singh who died in an accident which occurred on 12.01.2008. In the absence of any Appeal by the driver, owner and the Insurance Company, the defence of negligence had attained finality.

(2.) THE deceased was aged about 45 years at the time of the accident as his birth certificate shows his date of birth as 08.07.1961. THE Claims Tribunal accepted his age as 54 years at the time of accident and erred in making deduction of Rs.630/- and directed the Insurance Company to make compulsory deduction.

(3.) THE deceased was in settled employment with Delhi Jal Board and was getting a salary of Rs. 11,871/-. A deduction of Rs.250/- towards transport allowance, washing allowance and cycling allowance, is made from it. THE Appellant is entitled to an addition of 30% in the deceased's income as the deceased was between the age group of 40-50 years. THE loss of dependency thus comes to Rs.17,74,398 (Rs.11,666/-+30% x3/4