LAXMAN Vs. MEHMOOD

JUDGEMENT

(1.) THIS appeal has been preferred by the claimants for enhancement of compensation. The Claims Tribunal as per award dated 10th October, 2001 has awarded a sum of Rs. 1,20,600/- in Claims Case No. 5/89 on account of death of Bhoora aged about 35 years. The only question agitated at Bar by learned counsel for parties is about quantum of compensation. The age of deceased was 35 years. The Claims Tribunal has assessed income as claimed in the claim petition at Rs. 30/- per day. With respect to additional income of Rs. 150/- per month on account of making of shoes, no evidence has been adduced as such the finding with respect to per day income of the deceased in the year 1988 has been rightly determined at Rs. 30/- per day as claimed in the claim petition. The age of deceased has been found to be 35 years. At the age of 35 years, appropriate multiplier is "17" whereas the Claims Tribunal has erred in applying the multiplier of "13". As the monthly income of the deceased was Rs. 900/- per month, he would have spent l/3rd amount on himself, thus, monthly dependency comes to Rs. 600/-, annually Rs. 600 x 12 = Rs. 7,200/-, proper multiplier is "17". Thus, total loss of dependency comes to Rs. 7,200/- x 17 = Rs. 1,22,400/-. Apart from that widow of deceased is entitled for loss of consortium Rs. 5,000/-, claimants are entitled for loss of expectancy of life Rs. 5,000/-, loss of estate Rs. 2,500/- and funeral expenses Rs. 2,000/-. Thus, the claimants are entitled for a total compensation of Rs. 1,36,900/-. Same to bear interest as awarded by the Claims Tribunal. Parties to bear their own costs as incurred.