SAROJ Vs. HARISH CHANDER

JUDGEMENT

(1.) THE appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 4,66,400/- has been awarded to the appellants. The appellants seek the enhancement of the award amount.

(2.) THE accident dated 25th June, 2003 resulted in the death of Mahender. The deceased was survived by his widow, two minor children and parents who filed the claim petition before the learned Tribunal.

(3.) THE deceased was aged 35 years at the time of the accident and he owned a tea stall and was earning Rs. 5,000/- per month. However, in the absence of sufficient proof, the learned Tribunal took the minimum wages of Rs. 2,784/- in respect of the unskilled worker and deducted 1/3rd towards personal expenses of the deceased and applied the multiplier of 16 to compute the loss of dependency at Rs. 3,56,352/ -. Rs. 20,000/- has been awarded to each of the claimants towards the emotional loss and Rs. 10,000/-towards the funeral expenses. The total compensation awarded is Rs. 4,66,400/ -.