RAVINDER RAI Vs. RAM NIWAS

JUDGEMENT

(1.) The Appellant seeks enhancement of compensation for death of Neelam Kumari who was aged about 18 years at the time of the accident which took place on 4.7.2008. The deceased was a student of 12th standard.

(2.) During inquiry before the Tribunal, the Appellant claimed that the deceased was earning Rs. 4,500 per month by doing tuitions. The said fact, however, was not established by any cogent evidence. The Tribunal, therefore, took notional income of the deceased as Rs. 15,000 per annum, deducted 50% towards the personal living expenses, applied multiplier of 13 and calculated the loss of dependency to be Rs. 97,500. After adding certain amounts towards loss of love and affection/loss of company of the child, loss of estate, funeral expenses and future prospects, an overall compensation of Rs. 2,47,500 was awarded.

(3.) It is important to note that this very Tribunal by an order dated 24.2.2010 i.e. just after a month of passing of this order decided another Claim Petition in respect of death of another young girl Ms. Anjali in this very accident (in MAC APP. 1158/2008 decided on 24.2.2010) wherein the Tribunal awarded a compensation of Rs. 3,75,000 on the basis of the judgment of this Court in National Insurance Company v. Farzana & Ors., 2010 2 ACC 9 Two different lines of computation of compensation have been taken by the Tribunal in the two cases arising out of the same accident. The Tribunal has to be mindful that there has to be uniformity in the award of compensation not only in cases arising out of the same accident but in similar cases arising out of the different accidents. Let me come to the facts of this case.