RANI Vs. SAHABUDDIN

JUDGEMENT

(1.) By an award dated 31.7.1989 the learned M.A.C.T. has awarded a sum of Rs. 1,80,000 as compensation to the appellants to be shared in the manner as contained in the award.

(2.) On 15.1.1987 the deceased Ramesh Kumar, who was employed as a driver was driving a car when the same met with an accident with a bus driven by the respondent No. 1 and owned by the respondent No.

(3.) It has been held in the impugned award that the accident took place due to negligent driving of the bus by the respondent No. 1 and the said issue has, therefore, attained finality as the same has not been challenged by the respondents. 3. In assessing the compensation the learned Claims Tribunal has held that as per Exh. PW3/1, the salary certificate of the deceased, he was earning a salary of Rs. 980 p.m. The deceased was entitled to perks being bonus equivalent to 20 per cent of salary, leave encashment, medical allowance and rent free accommodation. Learned Tribunal valued these perks and held that the gross income of the deceased would be between Rs. 1,100 and Rs. 1,200 p.m. Since the deceased was 32 years of age, a multiplier of 20 was applied. It was held that taking into account the amount which the deceased would have spent on himself, a sum of Rs. 750 p.m. would be the loss to the family. Learned M.A.C.T. also considered that out of the 5 claimants 2 being the parents of the deceased were aged 58 years and 60 years. The two minor children were aged 5 and 9 years. Though not mentioned in the award, learned counsel for the appellants states that widow was aged about 26 years. Learned Tribunal has kept in mind the fact that the parents would not have lived for too long and also the fact that the minor children would have remained dependent on their father till the age when the daughters would have got married and the son would have got employed.