SHEELA DEVI Vs. NAIB SINGH

JUDGEMENT

(1.) THE appellants have challenged the award of the Claims Tribunal whereby compensation of Rs.2,61,900/ -. The appellants seek enhancement of the award amount.

(2.) THE accident dated 24th January, 2002 resulted in the death of Vinod Kumar @ Vicky. The deceased was survived by his parents who filed the claim petition before the Claims Tribunal. The deceased was aged 21 years at the time of the accident and was self -employed in the business of manufacturing of photo album. The appellant pleaded the income of the deceased as Rs.4,000/ - per month. However, the Claims Tribunal took the minimum wages of Rs.2,600/ - per month in respect of the unskilled worker and added 50% towards the future prospects, deducted 1/2 towards personal expenses and applying the multiplier of 13 to compute the loss of dependency at Rs.3,04,200/ -. The Claims Tribunal awarded Rs.40,000/ - towards loss of love and affection and Rs.5,000/ - towards funeral expenses. The total compensation awarded is Rs.2,61,900/ -.

(3.) THE deceased was a self -employed in the business of making photo album. According to the appellants, the deceased was earning Rs.4,000/ - per month. However there is no documentary proof of income. The minimum wages for a skilled worker at the relevant time was Rs.3,016/ - and, therefore, the income of the deceased is assumed to be Rs.3,000/ - per month. The deceased was self -employed and in terms of the judgment of the Supreme Court in Santosh v. National Insurance Co. Limited. the appellants are entitled to future prospects. 50% is added towards the future prospects. The deceased was aged 21 years at the time of the accident and was survived by his parents aged 40 and 45 years. Taking the age of the mother into consideration, the appropriate multiplier according to the judgment of the Supreme Court in the case of Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121 is 15. The multiplier is, therefore, enhanced from 13 to 15. The Claims Tribunal has not awarded any compensation for loss of estate. Rs.10,000/ - is awarded for loss of estate.