ANARI DEVI Vs. TILAK RAJ

JUDGEMENT

(1.) ADMIT.

(2.) With the consent of the parties, matter has been heard and disposed of by this order.

(3.) The appellant has filed this appeal for enhancement of compensation awarded by the Tribunal for the death of her son who had died in a road accident on 18.5.1997 caused by the rash and negligent driving of the offending vehicle. The deceased at the time of the accident was 18 years of age and was allegedly working as a conductor on a salary of Rs.4,500/- per month. The appellant who is the mother of the deceased was about 45 years of age at the time of the accident. After holding that the accident was caused due to the rash and negligent driving of the offending vehicle the tribunal also held that the appellant being the mother of the deceased was entitled to compensation. The Tribunal, however, did not believe the evidence of the appellant that the deceased was employed as a conductor on a salary of Rs.4,500/- per month taking the income of the deceased to be the minimum wages under the provisions of the Minimum Wages Act, the Tribunal assessed the loss of dependency at 2/3 of such income and applying the multiplier of 12 awarded a sum of Rs.1,71,216/- towards loss of dependency. Adding to this, another sum of Rs.9,000/- towards funeral expenses and loss of estate, etc., total sum of Rs.1,80,216/- was awarded by way of compensation to the appellant. As already mentioned above, being dis-satisfied with this award, appellant has filed the present appeal.