LAWS(DLH)-2014-12-415

SAFINA BEGUM AND ORS. Vs. YUSUF AND ORS.

Decided On December 01, 2014
Safina Begum And Ors. Appellant
V/S
Yusuf and Ors. Respondents

JUDGEMENT

(1.) THE present appeal arises out of an award dated 20.04.2006. By the present appeal the appellants/claimants seek enhancement of compensation.

(2.) THE issue centres around an accident dated 16.05.1994 which resulted in the death of Sh. Abdul Aziz. The deceased was travelling in a bus. At T -point of Mathura Road and Bhairon Road, the bus which was said to be driven rashly and negligently by its driver jumped the red light and thereafter it hit a car. The driver lost control of the bus and hit against the pavement and turned over. Three of the occupants of the bus received injuries. Abdul Aziz received fatal injuries.

(3.) A perusal of the award shows that the Tribunal has assessed the income of the deceased based on minimum wages which at the relevant time were Rs. 1,382/ -. 1/3rd was deducted for personal expenses. Future prospects have not been granted. A multiplier of 11 was used based on the age of the mother and total compensation for loss of dependency at Rs. 1,18,800/ - was awarded.