LAWS(DLH)-2012-1-313

VIMLA DEVI Vs. SHISH PAL

Decided On January 03, 2012
VIMLA DEVI Appellant
V/S
SHISH PAL Respondents

JUDGEMENT

(1.) The Appellants seek enhancement of compensation of Rs. 7,13,400/- awarded for the death of one Billu in a motor accident which took place on 28.05.2010. The deceased Billu was aged 35 years and was working as a Safai Karamchari with the Municipal Corporation of Delhi (the MCD) on the basis of daily wages.

(2.) Since the Respondents including National Insurance Co. Ltd. have not challenged the impugned award, my task is easier as the offence of the negligence is not in dispute.

(3.) While computing the loss of dependency, the Tribunal took the deceased's salary to be Rs. 4,850/- per month (@ Rs. 160/- per day), deducted 1/4 th towards personal expenses; since there were six dependents, i.e., the widow, two sons and two daughters, selected the multiplier of 16 according to the deceased's age and calculated the loss of dependency as Rs. 6,98,400/-. The Tribunal granted conventional sums towards loss of estate, loss of consortium and funeral expenses and assessed the overall compensation as Rs. 7,13,400/-.