SURESH CHAND JAIN Vs. RAKESH SINGH

JUDGEMENT

(1.) Impugned Award of 8th February, 2008 grants compensation of Rs. 4,72,600/- with interest @ 7% per annum on account of death of one business-man-Yogesh Chand Jain, aged 23 years, in a road accident on the intervening night of 30th June and 1st July, 2005. The facts are already noted in impugned Award and so needs no reproduction. Suffice to note that deceased - a shop-keeper, was engaged in business of selling garments at Pahari Dheeraj. To assess the income of deceased, learned Tribunal has relied upon Income Tax Return (Ex.PW-5/3), which is of a period prior to his death, and on its basis, the income of deceased has been quantified to be Rs. 73,200/- per annum. Pertinently, the Income Tax Return filed after the death of deceased has been left out of consideration. While taking the age of claimant to be 52 years and 48 years respectively and by applying the multiplier of 11 and deducting 50% towards 'personal expenses', 'loss of dependency' has been assessed by learned Tribunal at Rs. 4,02,600/-. Under the non-pecuniary heads, Rs. 10,000/- has been awarded towards 'funeral expenses', Rs. 40,000/- towards 'loss of love and affection' and Rs. 20,000/- towards 'loss of estate'. On the basis of evidence recorded, impugned Award has been rendered.

(2.) In this appeal, enhancement of compensation is sought by learned counsel for appellant while relying upon Supreme Court's decision in Munna Lal Jain and Another v. Vipin Kumar Sharma and Others, (2015) 6 SCC 347 to submit that the multiplier to be adopted is as per the age of deceased and not as per the age of claimants and that learned Tribunal has erred in not applying the appropriate multiplier of 18 while taking the age of deceased into consideration.

(3.) It is pointed out by appellant's counsel that the Income Tax Returns filed after the accident ought to have been considered and adequate compensation ought to have been granted towards 'future prospects'. It is also submitted by appellant's counsel that compensation granted under the non-pecuniary heads is on lower side and it needs to be suitably enhanced.