MEWA DEVI Vs. RAM BHAROSE

JUDGEMENT

(1.) THE Appellant seeks enhancement of compensation of Rs. 3,55,458/- awarded for the death of Satish Kumar who died in an accident which occurred on 30.08.2004. By impugned order the Claims Tribunal held that the accident was caused on account of rash and negligent driving of Tanker No. DL IGB- 0624 by the Respondent No.1.

(2.) ALTHOUGH, during enquiry before the Claims Tribunal it was claimed that the deceased was working as an RTV driver and his salary was stated to be Rs. 200/- per day. Yet in the absence of any documentary evidence with regard to the deceased's employment or salary, the Claims Tribunal took the minimum wages of an unskilled worker, deducted 1/3rd towards the personal and living expenses and selected the multiplier of '13' to compute the loss of dependency as Rs. 3,15,458/-. An overall compensation of Rs. 3,55,458/- was awarded.

(3.) THIS is important to note that ASI Ved Pal (PW-3), the IO of the criminal case registered in respect of this accident admitted in the cross-examination that the deceased was driving the RTV at the time of the accident. Thus it is established on record that the deceased used to drive an RTV.