PUPPY Vs. SRI BHAGWAN

JUDGEMENT

(1.) THE appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 2,25,000. has been awarded to the appellants. THE appellants seek enhancement of the award amount.

(2.) THE accident dated 22.3.1993 resulted in the death of Billoo. THE deceased was survived by his widow, two sons, one daughter and parents who filed the claim petition before the learned Tribunal.

(3.) THE salary of the deceased according to the salary certificate, Exh. PW1/A for 22 days of March 1993 is Rs. 1,889. THE proportionate salary of 9 days would be Rs. 773. THE total monthly salary of the deceased is taken to be Rs. 2,662 (Rs. 1,889 + Rs. 773). According to the recent judgment of the Hon'ble Supreme Court in the case of Sarla Verma v. Delhi Transport Corporation, 2009 ACJ 1298 (SC), 50 per cent of the salary has to be added towards the future prospects, 1/4th has to be deducted towards the personal expenses in case of six dependent family members and the multiplier of 17 has to be applied for the age of 30 years. Following the aforesaid judgment of the Hon'ble Apex Court, 50 per cent of the salary is added towards the future prospects, 1/4th is deducted towards the personal expenses of the deceased and the multiplier of 17 is applied to compute the loss of dependency at Rs. 6,10,929 [(Rs. 2,662 + Rs. 1,331) x 3/4 x 12 x 17]. Rs. 10,000 is awarded towards loss of love and affection, Rs. 10,000 towards loss of consortium, Rs. 10,000 for loss to estate and Rs. 5,000 towards funeral expenses. THE total compensation is computed to be Rs. 6,45,929 (Rs. 6,10,929 + Rs. 10,000 + Rs. 10,000 + Rs. 10,000 + Rs. 5,000).