SANTOSH KUMAR Vs. PREM KUMAR

JUDGEMENT

(1.) THE Appellants who are the brother and sister of deceased Manoj impugn a judgment dated 05.08.2011 whereby a compensation of RS.1,73,400/- was awarded in favour of the Appellants for the death of Manoj in a motor accident which occurred on 23.12.2007.

(2.) DURING inquiry before the Motor Accident Claims Tribunal (the Claims Tribunal), it was claimed that the deceased was working in a shoe factory in village Ranhola Delhi and was earning RS.39,000/- per annum. The Claims Tribunal held that the Minimum Wages of an unskilled worker at the time of the accident were RS.3516/-. The Claims Tribunal relied on a report of the Supreme Court in Gobald Motor Service Ltd. & Anr. v. R.M.K. Veluswami & Ors., AIR 1962 SC 1; a report of the Karnataka High Court in A. Manavalagan v. A. Krishnamurthy & Ors., 2005 ACJ 1992; and a judgment of this Court in Keith Rowe v. Prashant Sagar & Ors. MAC APP.601/2007 decided on 15.01.2010 to hold that 15% of the deceased's income could be taken as loss to estate. After making a provision towards loss of love and affection and funeral expenses, the overall compensation of RS.1,73,400/- was awarded.

(3.) SECTION 163-A of the Act is extracted hereunder:-