CHOTTI DEVI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THE appellants have challenged the award dated 28th July, 2005 passed by the Learned Tribunal whereby the compensation of Rs. 5,04,480/ - along with interest @ 9% per annum has been awarded to the appellants. The appellants seek enhancement of the award amount.

(2.) THIS case relates to the road accident dated 22nd July, 2002. The deceased, Mr. Jugal Kishore was standing in front of the Bhagel sweets shop, IGNOU road, Nem Sarai, New Delhi when offending vehicle bearing No. D1 1PB 3623 came from Saket side and hit the deceased, Mr. Jugal Kishore who died at the spot.

(3.) THE Learned Tribunal took the income of the deceased at Rs. 3091.40 as per the Schedule of Minimum Wages for skilled worker. The future prospects were taken into consideration by assuming that the income of the deceased would have risen to Rs. 4,000/ - per month and the average of Rs. 3,091.40 and Rs. 4,000/ - was taken as Rs. 3,550/ -. 1/3rd was deducted towards personal expenses of the deceased and the dependency of the legal representative was computed to be Rs. 2,370/ - per month. The Learned Tribunal applied the multiplier of 17 as per the Second Schedule of Motor Vehicles Act and computed the loss of dependency to be Rs. 4,83,480/ -. Rs. 15,000/ - was awarded towards loss of estate and consortium and Rs. 6,000/ - towards amount spent on transportation of the dead body to the village for cremation. The total compensation was computed at Rs. 5,04,480/ -.