YOGESHWARBHAI PRAMOD THAKRE Vs. SATISH RAMJI BARWAD

JUDGEMENT

(1.) Mr. Patil, The Learned Counsel Submits That, The Present appeal is filed to the extent of enhancement. According to the learned counsel, the income ought to have been considered as Rs. 3,000/ per month. According to the learned counsel, even though there is ceiling of Rs. 40,000/ per annum, the appellant had claimed income of deceased as Rs. 3,300/ per month. According to the learned counsel, considering said income amount, compensation ought to have been calculated. The multiplier 18 is applied, but the income is considered at Rs. 16,000/ per annum after deducting 1/3 amount from the income.

(2.) According to the learned counsel, even meager amount towards non pecuniary damages is awarded i. e. for funeral expenses Rs. 2,000/, for loss of consortium amount of Rs. 5,000/ and for loss of estate an amount of Rs. 2,500/ is awarded. The learned counsel submits that, as per the judgment of the Apex Court in a case of Asha Verman and others Vs. Maharaj Singh and others, 2015 110 AllLR 445 amount of Rs. 1,00,000/ to each on account of loss of consortium, loss of love and affection and loss of estate is required to be awarded.

(3.) Mr. Mundada, the learned counsel submits that, the income has been rightly considered by the Tribunal. No illegality has been committed in the same. According to the learned counsel the claimant No. 5 is not a dependent. In absence of actual proof of income the Tribunal has rightly considered the income to be Rs. 24,000/ per annum and deducted 1/3 amount towards personal expenses which is legal and proper. The non pecuniary damages are rightly awarded.