SHALINI & ANR Vs. KULDEEP SINGH & ORS

JUDGEMENT

(1.) The appellants have challenged the award of the Claims Tribunal whereby compensation of Rs.9,78,000/- has been awarded to the claimants. The appellants seek enhancement of the award amount.

(2.) On 22nd May, 2015 at about 11.30-12.00 A.M., Deepak along with Pawan, Sunny, Ravish and respondent no.1 were travelling in a Duster car bearing No.DL-13C-6613 being driven by respondent No.1. Respondent No.1 was driving the car rashly and negligently because of which he lost control over the car and hit the car against a road divider near Dharmshila Hospital Road after which the car hit an ambulance and thereafter, the car fell in the Ghazipur Canal. The accident resulted in the death of Deepak and Pawan and injuries to the driver and two other occupants of the car.

(3.) The deceased, Deepak was aged 19 years at the time of the accident and was working as an office boy. It was claimed that the deceased was earning Rs.15,000/- per month. However, in the absence of any documentary proof of income, the Claims Tribunal took the minimum wages of Rs.6,735/-, deducted 50% towards his personal expenses and applied the multiplier of 18 to compute the loss of dependency as Rs.7,28,000/-. The Claims Tribunal awarded Rs.1,50,000/- towards loss of love and affection, Rs.50,000/- towards loss of estate and Rs.50,000/- towards funeral expenses. The total compensation awarded is Rs.9,78,000/-.