NATIONAL INSURANCE CO. LTD Vs. RAJNI MANOCHA

JUDGEMENT

(1.) The appellant has challenged the order of learned Tribunal whereby the compensation of Rs. 6,11,776/- has been awarded to the respondents. The appellant seeks reduction of the award amount.

(2.) The accident dated 28 th February, 2004 resulted in the death of Jatin Manocha. The deceased was aged 21 years at the time of the accident and was survived by his parents who filed the claim petition before the Claims Tribunal.

(3.) The deceased was a commerce graduate from Delhi University. The deceased was self-employed and engaged in the business of sale and purchase of automobile spare parts on commission basis at the time of the accident. It was claimed that the deceased was earning Rs. 7,500/- to Rs. 9,000/- per month from his occupation. However, in the absence of any documentary proof of income, the Claims Tribunal took the minimum wages of Rs. 3,700/- per month, added 50% towards future prospects, deducted 50% towards personal expenses of the deceased and applied the multiplier of 14 to compute the loss of dependency at Rs. 4,66,200/-. The Claims Tribunal awarded Rs. 20,000/- towards loss of love and affection, Rs. 1,20,576/- towards medical expenses and Rs. 5,000/- towards funeral expenses. The total compensation awarded is Rs. 6,11,776/-.