LAWS(DLH)-2009-8-45

PUSHPA ARORA Vs. ONKAR SINGH

Decided On August 21, 2009
PUSHPA ARORA Appellant
V/S
ONKAR SINGH Respondents

JUDGEMENT

(1.) THE appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 11,90,040/- has been awarded by the learned Tribunal. The appellants are seeking enhancement of the award amount.

(2.) THE accident dated 26th April, 2001 resulted in the death of Prem Swarup. The deceased was survived by his widow, one son and two daughters who filed the claim petition before the learned Tribunal. The deceased was aged 51 years at the time of the accident and was working as Assistant Manager with Food corporation of India earning Rs. 17,601/- per month. The learned Tribunal deducted the Income Tax out of the salary and took the income of the deceased at the time of the accident to be Rs. 16,320/- per month. 1/3rd was deducted towards the personal expenses of the deceased and the multiplier of 9 was applied to compute the loss of dependency at rs. 11,75,040/ -. Rs. 5,000/- has been awarded towards funeral expenses and rs. 10,000/- towards loss of consortium. The total compensation awarded is rs. 11,90,040/ -.

(3.) THE learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:-