ORIENTAL INSURANCE CO LTD Vs. SUMAN & ORS

JUDGEMENT

(1.) The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.11,30,418.88 has been awarded to claimants/respondents No.1 to 6.

(2.) The accident dated 04th August, 2005 resulted in the death of Satish, hereinafter referred as deceased, who was survived by his widow, two daughters, one son and parents, who filed the claim petition. The deceased was working as a driver earning Rs.4,500/- per month. However, the Claims Tribunal took the minimum wages of Rs.3589.90 per month, added 50% towards future prospects, deducted 1/4th towards personal expenses and applied the multiplier of 16 to compute the loss of dependency at Rs.7,75,418/-. The Claims Tribunal awarded Rs.50,000/- to each of the claimants towards loss of love and affection, Rs.25,000/- towards funeral expenses, Rs.10,000/- towards loss of consortium and Rs.20,000/- towards loss of estate. The total compensation awarded by Claims Tribunal is Rs.11,30,418.88.

(3.) The appellant has challenged the impugned award on the two grounds, first that 50% of future prospects should not be awarded and second that the compensation of Rs.50,000/- for loss of love and affection to each of the claimants is on a higher side.