LEELAMMA AND ORS. Vs. M. ELANKO AND ORS.

JUDGEMENT

(1.) THE appellants are the widow, three children and parents of the deceased Benny George who met with an accident on 25.7.2003. The jeep in which the deceased was traveling collided with a lorry and he sustained very serious injuries and succumbed to the same on the same day.

(2.) THE claim petition was filed before the Tribunal seeking compensation to the tune of Rs. 5 lakhs. The Tribunal awarded a sum of Rs. 3,35,000/ - only.

(3.) THE deceased was working as a labourer. It was claimed that he was earning a sum of Rs. 5,000/ - per month. The Tribunal reckoned his income as Rs. 2,250/ - and adopted the multiplier as 16. A sum of Rs. 2,88,000/ - was awarded under the head dependency compensation. Learned counsel for the appellants submitted that the deceased was only aged 35 at the time of the accident and the multiplier adopted is not correct. But no such contention is seen raised in the appeal. On the other hand the averments in the appeal are to the effect that the deceased was aged 36. As per the decision of the Apex court in Sarla Verma v. Delhi Transport Corporation : [2010 (2) KLT 802 (SC)], the proper multiplier in the case of a person aged 36 is 15. As the deceased was stated to be a labourer, we adopt the monthly income at the rate of Rs. 3,500/ - having regard to the wage structure prevailed at the relevant time of accident. Accordingly, the dependency compensation is re -fixed as Rs. 3,500x12x15x3/4 which will come to Rs. 4,72,500/ -. The Tribunal has deducted 1/3 towards his personal expenses. In this case, there were six dependants. i.e. widow, children and parents. Therefore, 1/4 of the income is deducted towards personal expenses.