IFFCO TOKIO GENERAL Vs. INDRA DEVI & ORS

JUDGEMENT

(1.) The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.22,95,700/- has been awarded to respondents No.1 to 5.

(2.) The accident dated 08th February, 2015 resulted in the death of Gajraj. The deceased aged 27 years was working as a driver and he was survived by his widow, mother and three minor sons who filed the claim petition. The Claims Tribunal took the minimum wages of Rs.8,632/- in respect of an unskilled worker as income of the deceased, deducted 1/4th towards his personal expenses and applied the multiplier of 17 to compute the loss of dependency as Rs.13,20,696/-. The Claims Tribunal awarded Rs.4,50,000/- towards loss of love and affection, Rs.1,00,000/- towards loss of consortium, Rs.1,00,000/- towards loss of estate, Rs.3,00,000/- towards loss of guardian and Rs.25,000/- towards funeral expenses. The total compensation awarded by the Claims Tribunal is Rs.22,95,700/-.

(3.) Learned counsel for the appellant urged at the time of hearing that the compensation awarded under the heads of loss of consortium and loss of estate is on a higher side whereas the compensation under the head of loss of guardian and loss of love and affection is not permissible in law.