LAWS(DLH)-2009-4-521

SAVITA Vs. GURNAM KAUR

Decided On April 30, 2009
SAVITA Appellant
V/S
GURNAM KAUR Respondents

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 7,20,000/ - has been awarded to the claimant. The claimant seeks enhancement of the award amount.

(2.) THE accident dated 3rd May, 1994 resulted in the death of Anil Kumar Narula aged 38 years. The deceased left behind his widow, two minor children and father who filed the claim petition before the learned Tribunal. The learned Tribunal took the income of the deceased at Rs. 78,000/ - per annum. Rs. 500/ - per month was deducted towards the personal expenses of the deceased and the multiplier of 10 was applied to compute the loss of dependency at Rs. 7,20,000/ -. No amount has been awarded towards loss of consortium, loss of estate and loss of love and affection.

(3.) WITH respect to the multiplier, the deceased was aged 38 years and the appropriate multiplier as per the Second Schedule is 16. However, the Hon'ble Supreme Court in the recent case of Sarla Verma v. DTC has corrected the multiplier provided in Second Schedule and the appropriate multiplier at the age of 38 is 15. The multiplier in the present case is, therefore taken to be 15 instead of 10. Loss of dependency accordingly is computed at Rs. 10,80,000/ -[(78,000 - 500 x 12) x 15].