NEW INDIA ASSURANCE CO LTD Vs. RAM PAL

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of Rs. 7,52,111/- awarded for the death of Aarti @ Preeti, who was aged about 18 years at the time of the accident, which took place on 26.05.2010.

(2.) ON 26.05.2010 at 6:15 PM the deceased was travelling as a pillion rider on a two wheeler. When the deceased and her companion reached Najafgarh near Metro pillar No.718, Uttam Nagar, Delhi a Bus No.DL-1PC-2161 hit the two wheeler. ON account of the impact the two wheeler rammed into the Rickshaw and the deceased fell on the road. The deceased was crushed under the wheels of the Bus resulting into fatal injuries. The Appellant's grievance is that although the deceased's income was claimed to be Rs. 8,000/- per month yet there was no evidence to support this plea. During evidence the deceased's father deposed that the deceased used to work as a maid servant in various houses and was earning Rs. 8,000/- per month. In cross-examination, he admitted that she was earning only Rs. 4,000/- to Rs. 5,000/- per month. The Claims Tribunal took the minimum wages of an unskilled worker and added 50% on account of inflation to compute the loss of dependency. This was not permissible as the deceased was working only as a maid servant in various houses on part time basis. In the facts and circumstances of this case, it would have been fair to award compensation on the basis of minimum wages of an unskilled worker without any addition.

(3.) THE overall compensation is computed as under: - S. No. Compensation Awarded by Awarded by Head the Claims the High Tribunal Court Rs. 6,65,112/- Rs. 4,43,352/- 1. Loss of Dependency Rs. 40,000/- Rs. 25,000/- 2. Loss of Love & Affection Rs. 20,000/- Rs. 10,000/- 3. Funeral Expenses Rs. 10,000/- 4. Loss to Estate Rs. 7,25,112/- Rs. 4,88,352/- TOTAL