NIRMAL RANI Vs. HARISH KUMAR

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.1,05,000/ - awarded for the death of Ram Prakash, who died in an accident which occurred on the night of 05 -06.10.1991. The deceased was aged 38 years at the time of accident. He left behind his widow, two daughters and a son as his legal heirs. During inquiry before the Motor Accident Claims Tribunal (the Claims Tribunal), it was claimed that deceased used to work as a street vendor and as a loader and was earning about Rs.3,000/ - per month.

(2.) PW -2 Raj Kumar testified that deceased used to do the work of loading and would earn between Rs.1000 -1500/ - per month. The Claims Tribunal did not believe this income in the absence of any cogent evidence. Therefore, it took help of the minimum wages of a worker fixed under the Minimum Wages Act, deducted one third towards personal and living expenses and applied a multiplier of 13 to compute the loss of dependency as Rs. 93,000/ -. The Claims Tribunal further awarded a sum of Rs. 2,000/ - towards funeral expenses, Rs.10,000/ - towards Love and Affection to award an over all compensation of Rs.1,05,000/ -.

(3.) IT may be noted that the Respondent No. 3 Insurance Company aggrieved by the fastening of the liability against it filed FAO No. 548/2001 which was dismissed by this Court by an order dated 19.03.2007. In this view of matter, the finding on negligence has become final between the parties.