LAWS(DLH)-2009-3-17

GANGA SARAN Vs. JOGENDER SINGH

Decided On March 24, 2009
GANGA SARAN Appellant
V/S
JOGENDER SINGH Respondents

JUDGEMENT

(1.) -The appellants have challenged the award of learned Tribunal whereby the compensation of Rs. 5,21,428 has been awarded to the appellants. The appellants seek enhancement of the award amount.

(2.) The road accident dated 7.7.2006 resulted in the death of Satpal Singh who was hit by the offending vehicle while walking on the road. The deceased was survived by his father, widow and two daughters who filed the claim petition before the learned Tribunal. The deceased was aged 26 years at the time of accident. The deceased was an electrician and was running his own shop under the name and style of Deepa Electricals. The appellants claimed the income of the deceased to be Rs. 10,000/- per month. However, since there was no documentary evidence to corroborate the statement of the appellants, the learned Tribunal took the minimum wages of Rs. 3,437/- of semi-skilled person. 1/3rd was deducted towards the personal expenses of the deceased and the multiplier of 18 was adopted to compute the loss of dependency at Rs. 4,94,927.99/-. Learned Tribunal has awarded Rs. 12,500/- towards loss of love and affection and loss to estate, Rs. 4,000/- was awarded towards funeral expenses and Rs. 10,000 was awarded for loss of consortium. The total compensation awarded is Rs. 5,21,427.99/- (rounded off at Rs. 5,21,428/-).

(3.) The appellants have challenged the impugned award on the following grounds: