RELIANCE GENERAL INSURANCE CO LTD Vs. SANJU

JUDGEMENT

(1.) THE present appeal has been filed for reduction of the compensation amount of Rs.15,88,600/ - along with interest @ 9% per annum which was awarded to the LRs of the deceased by the Ld. Tribunal vide its order dated 6th September, 2012.

(2.) THE appellant has not disputed its liability. The factum that the accident had taken place due to rash and negligent driving of the offending vehicle by its driver is also not disputed. These findings have thus attained finality.

(3.) AFTER making enquiry into the matter, the learned Tribunal has concluded that the claimants had failed to produce on record any proof regarding the employment of the deceased in a factory and drawing of Rs.8,000/ - per month as salary. Recourse was taken to the minimum wages considering that the deceased was a semi - skilled worker. His salary was thus taken as Rs.5850/ - per month and 50% of same was added towards future prospect while calculating loss of dependency. He was survived by his wife, two minor sons and mother. There is no dispute regarding the age of the deceased which was 35 years at the time of his death. The future prospects of 50% were added in his wages while calculating loss of dependency and deduction of 1/4th towards personal expenses of deceased was also made. The multiplier of 16 was used.