BAJRANG PRASAD TIWARI Vs. LALTI DEVI

JUDGEMENT

(1.) This is the claimant's appeal for enhancement of the compensation awarded by the Tribunal under Motor Vehicles Act . The deceased was 17 years old at the time of death which occurred on 17.3.2001 and was earning @ Rs.125 per day on a fixed salary given by the employer. The Tribunal calculated the income @ Rs.2500/ per month considering that he used to work 20-22 days in a month. Being unmarried, the Tribunal considered that the deceased would spend two third of his earning on himself. The Tribunal also took the age of the claimants, namely, the parents average age in fixing the multiplier of 15, and on that basis,awarded a sum of Rs.1,55,000/(One lac fifty five thousand)as compensation.

(2.) Before this Court the learned counsel for the appellant submitted that admittedly the deceased was getting a fixed salary @ Rs.125/ per day and, on that basis, his monthly income should be Rs.3000/ per month whereas the Tribunal has awarded compensation taking his salary at Rs.2500/- per month and therefore, the award was incorrect. The learned counsel submitted that the multiplier of 15 is also incorrect and as per the decision of the Supreme Court in Smt. Sarla Verma and Others Vs Delhi Transport Corporation and Others, 2009 2 TAC 677 the age of the deceased alone has to be considered and therefore the multiplier of 18 should be taken into account. Further, deduction of 2/3 on his personal expenses was on a higher side , in view of the decision in Smt. Sarla Verma , in which it has been held that the deduction of 50% should be made.

(3.) The learned counsel for the appellant further submitted that future prospects has not been taken into consideration and consequently 50% of the income should be enhanced under the category of "future prospects" and thereafter the compensation should be computed.