RAM KISHAN Vs. HARI CHAND

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.2,42,600/- passed by the Motor Accident Claims Tribunal(the Claims Tribunal) for the death of Rakesh in a motor vehicle accident which occurred on 03.06.1992.

(2.) DURING inquiry before the Claims Tribunal, it was claimed that the deceased was working as a Safai Karamchari on daily wage basis with the MCD and was earning Rs.1800/- per month. No evidence with regard to the deceased's employment with the MCD was produced nor the exact amount received by the deceased was established. In the circumstances, the Claims Tribunal took the minimum wages of an unskilled worker, added 50% towards inflation/future prospects, adopted a multiplier of 18 (relevant to the age of the deceased being 25 years) to compute the loss of dependency as Rs.2,10,600/-. On adding a further sum of Rs.32,000/- towards non-pecuniary damages, an overall compensation of Rs.2,42,600/- was awarded.

(3.) I would further make a provision of Rs.25,000/- towards loss of love and affection and Rs.10,000/- each towards loss of consortium, loss to estate and funeral expenses. Thus, the overall compensation comes to Rs.2,91,844/-.