AMARJEET SINGH Vs. RAJINDER KUMAR

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs. 54,600/- awarded in favour of the Appellant for the death of Gursimran Singh, who died in a motor vehicle accident which occurred on 3.12.2009.

(2.) ON appreciation of evidence, the Claims Tribunal found that the deceased's father had disappeared 20 years back and his whereabouts were not known; his mother predeceased him on 18.9.2007. The Claims Tribunal opined that the Appellant being maternal uncle of deceased Gursimran Singh was not financially dependent on the deceased. Thus, following the judgment of this Court in Keith Rowe v. Prashant Sagar-II (2010) ACC-64, the Claims Tribunal awarded 15% of the deceased income towards loss to estate to the Appellant.

(3.) CONSIDERING the peculiar facts of this case, it can be said that the Appellant was partially dependent on the deceased Gursimran Singh as he was residing with him. In these circumstances, the Appellant should have been granted compensation to the extent of 30% of the deceased's income towards loss of estate. The compensation under this head thus comes to Rs.79,200/- (4400 x 12 x 5 x 30%) as against a sum of Rs.39,600/- awarded by the Claims Tribunal.