INDRA DEVI GOEL Vs. BHUP SINGH

JUDGEMENT

(1.) THE appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 1,58,000/- has been awarded to the appellants. The appellants seek the enhancement of the award amount.

(2.) THE accident dated 24th May, 1992 resulted in the death of Ashok Kumar Goel. The deceased was survived by his widow, two sons, two daughters and father who filed the claim petition before the learned Tribunal.

(3.) THE deceased was aged 35 years at the time of the accident. However, the learned Tribunal took the age of the deceased as 38 years on the basis of age recorded in the case sheet prepared by the hospital. The deceased was a sweet seller. The claimants claimed the income of the deceased to be Rs. 3,000/- per month. The widow of the deceased appeared in the witness box as PW-6 and deposed that the deceased was self-employed as the sweet seller (Halwai) at bus stand near Nangloi Chowk and was earning rs. 3,000/- per month. PW-1 further deposed that the deceased provided all comforts of life such as TV, fridge, furniture, cooler and he used to give rs. 2,500/- per month to the widow to meet the household expenditure. The colleague of the deceased doing similar business appeared as PW-4 and deposed that he was earning Rs. 150/- per day after deducting all expenses and the deceased was an old hawker and had better sales and was earning about Rs. 200/-per day after meeting all expenses. The learned Tribunal took the minimum wages of Rs. 1,107/- for unskilled worker and deducted 1/3rd towards personal expenses and applied the multiplier of 12 to compute the loss of dependency at rs. 1,08,000/ -. Rs. 50,000/- has been awarded towards medical expenses on the treatment of the deceased after the accident. No compensation has been awarded towards loss of love and affection, funeral expenses, loss of consortium and loss of estate.