POONAM DEVI Vs. BIRJU YADAV @ BACHHU

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs. 5,58,000 awarded for the death of Virender Prasad Yadav @ Virender Prasad Rai who died in an accident which occurred on 7.9.2008.

(2.) IN the absence of any Cross -Appeal or Cross -Objections, the finding of negligence has become final between the parties.

(3.) IT was claimed during inquiry before the Glaims Tribunal that the deceased was a TSR driver and was earning Rs. 9,000 per month. The evidence produced with regard to the deceased 's profession was not disputed. In fact, at the time of the accident, the deceased was driving a TSR and he got down to help the victims of a motor accident which had already taken place. The offending truck/container bearing registration No. HR -38J -8675 driven by the First Respondent in a rash and negligent manner moved down a number of persons including the deceased. The Claims Tribunal in the absence of any cogent evidence with regard to the deceased 'sincome took the help of minimum wages as on the date of the accident fixed under the Minimum Wages Act, added 50% towards future prospects to compute the loss of dependency as Rs. 5,38,000. After adding notional sums towards loss of consortium, funeral expenses and loss to estate, an overall compensation of Rs. 5,58,000 was awarded.