NEW INDIA ASSURANCE COMPANY Vs. LAXMI DEVI

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 4,63,480/- has been awarded to claimants/respondent Nos. 1 and 2.

(2.) THE accident dated 10th March, 2005 resulted in the death of Naresh Kumar. The deceased was riding on a scooter as pillion rider on Najafgarh Road near nangli Dairy when the scooter met with an accident resulting in the death of the deceased.

(3.) THE deceased was aged 27 years at the time of the accident and was survived by his widowed mother and wife. The widowed mother filed the claim petition before the learned Tribunal. The deceased was self employed and was earning rs. 3,200/- per month. However, in the absence of any documentary proof of his income, the learned Tribunal took the minimum wages at Rs. 3,045/- per month and deducted 1/3rd towards the personal expenses of the deceased and applied the multiplier of 18 to compute the loss of dependency at Rs. 4,38,480/ -. Rs. 25,000/- has been awarded towards the loss of love and affection, funeral expenses and loss of estate. The total compensation awarded is Rs. 4,63,480/ -.