RAJENDRA JHAKAL Vs. MUNNA KHAN

JUDGEMENT

(1.) THE present appeal has been filed for the enhancement of the compensation given by the Tribunal to the LRs of deceased Manju Jhakar vide award dated 12.04.2007. The learned tribunal has awarded a sum of Rs.3,32,000/ - along with interest @ 7.5% per annum.

(2.) THE fact that deceased Mrs. Manju Jhakar had died in road accident on 26.09.2004 is not disputed. It is also not disputed that death is the result of rash and negligent driving of the offending bus DL -IP -7811. On the fateful day deceased was travelling on scooter DL -7S -7496 as a pillion rider when at Yamuna Pushta Pool (Okhla) the offending bus being driven in rash and negligent manner hit the scooter. She was declared brought dead by the doctor when she was taken to the hospital after the accident. She has been survived by her husband and three children. At the time of accident she was 46 years of age.

(3.) THE appellant has alleged that the Tribunal has wrongly assessed the income of the deceased who was a house wife @ Rs. 3,000/ - per month. It is submitted that the minimum wages ought to have been considered while calculating the loss of dependency. It is argued that the Ld. Tribunal has relied on the findings in the case Lata Wadhwa v. State of Bihar, 2001 (8) SCC 197 while taking Rs.3,000/ - per month as a notional income of the deceased. The learned counsel for the appellant has relied on the findings of this Court in Royal Sundaram Alliance Insurance Co. Ltd. V. Manmeet Singh and others and has prayed that calculations ought to have been done on the basis of minimum wages. It is not disputed that deceased was not pursuing any profession and was a house wife.