FULVANTIDEVI RAMAYANRAM MOCHI Vs. KALVANTSINGH LAXMANSINGH JATT

JUDGEMENT

(1.) Leave to amend the cause title - spelling of appellant No.1 is granted.

(2.) Brief facts of the case are as under:

(3.) Learned advocate Mr.Modi for the appellant/s - claimant/s has submitted that the Tribunal has committed an error in not properly calculating the amount of compensation. He has submitted that amount of award is on lower side as the Tribunal has not properly considered the various aspects; like prospective income of the deceased, negligence, liability and family circumstances, etc. He has submitted that the deceased was aged about only 35 years at the time of accident and was doing driving work. He has submitted that at the relevant point of time, the minimum wage as per the Minimum Wages Act was Rs.133.00 per day, which comes to approximately Rs.4,000.00 per month. He has fairly submitted that the learned Tribunal has rightly considered the prospective income, deduction of personal expenses looking to the age of the deceased and multiplier. He has submitted that therefore, considering the loss of dependency, it would be calculated as Rs.4,000.00 as monthly income plus Rs.1,600.00 as 40% prospective income minus Rs.1,400.00 as personal expenses (1/4) multiplied by 12 months and multiplied by 16 multiplier would come to Rs.8,06,400.00 total future loss, which should be awarded to the claimants by the learned Tribunal.