FRANCIS AND ORS. Vs. D. IBRAHIM AND ORS.

JUDGEMENT

(1.) THE widower and four children of the deceased who met with an accident on 01.05.1997. She was travelling in an autorickshaw which collided with a jeep causing fatal injuries to her.

(2.) CLAIM petition was filed before the Tribunal seeking compensation of Rs. 4,10,000/ -, which was limited to Rs. 3,00,000/ -. The Tribunal awarded a sum of Rs. 1,14,400/ -. This appeal is filed seeking enhancement in compensation, pointing out that the amounts awarded under various heads are thoroughly inadequate.

(3.) THE deceased is claimed to have been working as fish vendor. She was aged 41 years at the time of accident. Tribunal reckoned her income @ Rs. 600/ - only. We are of the view that a sum of Rs. 2,000/ - can be reckoned as her income. Going by the judgment in Sarla Verma v Delhi Transport Corporation and others ( : 2010(2) KLT 802), the proper multiplier is 14, in the case of the deceased aged 41. Therefore, since there are five dependents, after deducting 1/4th towards personal expenses, the compensation under the head of loss of dependency will be come to Rs. 2,52,000/ - (2000 x 12 x 14 x 3/4). Towards funeral expenses the Tribunal has awarded only Rs. 2,000/ -, which we enhance to Rs. 15,000/ - since the death occurred in the year 1997. In the light of the judgment of the Apex Court in Rajesh v Rajbir Singh ( : 2013(3) KLT 89(SC)), we award Rs. 1,00,000/ - towards loss of love and affection to the four children and Rs. 1,00,000/ - to the widower towards loss of consortium. The Tribunal has awarded a sum of Rs. 86,400/ - towards loss of estate while denying any amount under the head of loss of dependency. We award a sum of Rs. 15,000/ - towards loss of estate and retain the compensation awarded towards transportation and pain and sufferings. The award passed by the Tribunal is accordingly modified as follows.