KAMLAWATI Vs. BRIJ MOHAN

JUDGEMENT

(1.) Suraj Bhan met with an accident on 29.1.2001 at about 4.00 P.M. at Burari Chowk. His parents, wife and 5 minor daughters filed a claim before the Tribunal. Holding the driver of the offending truck guilty of causing death of Suraj Bhan by driving the truck rashly and negligently, tribunal proceeded to assess the compensation payable to the claimants.

(2.) In the present appeal, I am only concerned with the compensation assessed as the claimants seek enhancement of the compensation. There are no cross- objections by the owner, driver or the insurer of the vehicle.

(3.) Taking note of the fact that the deceased was a driver by profession, tribunal held that minimum salary which the deceased would be earning in the year 2001 could reasonably be expected to be Rs.3,000/-. Age of the deceased being 30 years, tribunal opined that by the time deceased would have left gainful employment, it could reasonably be assumed that he would be earning Rs.5,000/- per month. The gross average monthly salary of the deceased was accordingly taken at Rs.4,000/-. Deducting 1/3rd towards the personal expenses of the deceased and applying the multiplier 14, dependency in sum of Rs.4,53,600/- was determined. Rs.6,400/- has been paid towards funeral expenses of the deceased. Total award is in sum of Rs.4.6 lakhs. Interest @ 9% per annum from date of filing of the petition till date of realization has been ordered.