SATYAWATI SETHI Vs. SUBHASH CHAND

JUDGEMENT

(1.) IN an accident which took place on 16-11-74, three members of the family died, viz. Rakesh Sethi, aged about 21-1/2 years his brother Narender Kumar Sethi, aged about 34 years; and his wife Persanta Sethi, aged about 31 years. Three claim petitions were filed by the claimants.

(2.) HERE the claimants are the parents The Tribunal has taken the multiplier of seven years, speculating that the parents would live for another seven years only and would be required to be looked after. The accident took place in 1974 and as of today the parents are still alive. The father is 75 years old and the mother is 71 years old. It is not unreasonable to expect that they will live for another two years. Therefore, a multiplier of 15 would be quite reasonable in this case. The income of Rakesh Sethi at the time of his death was Rs. 198/- per month. The Tribunal has erred in deducting Rs. 98/- towards the expenses of Rakesh Sethi. I had been consistently taking the view that where the income is in the nature of the minimum wages or less, there should be very marginal deduction, if at all. I, therefore, hold that it can be assumed that Rakesh Sethi was contributing a sum of Rs. 150/-per month for the maintenance of his parents. Taking the multiplier at 15, the compensation payable would be Rs. 27,000/-. The claimants are also entitled to 9 per cent simple interest from the date of application till the date of realisation.

(3.) THE appeals are partly allowed. On the facts of the case, however, there shall be no order as to costs.