SHASHIKALA VATS Vs. JANPAD PANCHAYAT MORAR

JUDGEMENT

(1.) The appellants are the dependants of deceased Sunil Kumar. Sunil Kumar had died in the incident. He was serving with the Air Force as Sergeant. A petition was filed claiming Rs. 11,52,841 as compensation.

(2.) Before the Tribunal, evidence was led and the statement of Rajeev Kumar Dubey, PW 4, who is a Sergeant in the Air Force, is to the effect that the deceased was getting Rs. 2,336 per month. The certificate issued by the office in that regard was also exhibited as Annexure P/3. The learned Tribunal on considering the future prospects of the deceased had determined his income at Rs. 3,000 per month. The deceased was aged 31 years at the time of his death. The learned Tribunal applied "the multiplier of 16 in order to determine the amount of compensation. Thus, the sole controversy circles around the dependency of the claimants on the income of the deceased. The learned Tribunal has determined the dependency at Rs. 1,500 per month. The deceased had four dependants and the approach adopted by the Tribunal for arriving at the finding that deceased was spending on himself Rs. 1,500 when he had four dependants is unreasonable in the facts and circumstances. In the circumstances, by deducting 1/3rd of the income towards the expenditure and maintenance of the deceased himself, the dependency of the claimants could be determined at Rs. 2,000 per month.

(3.) In view of the facts and circumstances and the evidence on record, we, therefore, determine the dependency of the claimants at Rs. 2,000 per month, by deducting the amount of Rs. 1,000 towards the expenses on the deceased himself. Thus, the annual dependency of the claimants would come to Rs. 24,000. By applying the multiplier of 16, the amount comes to Rs. 3,84,000. The learned Tribunal has already allowed a sum of Rs. 10,000, which can be taken to be towards the loss of consortium, the funeral expenses and other miscellaneous charges. As such, by adding Rs. 10,000 to the amount of Rs. 3,84,000, the total amount comes to Rs. 3,94,000. We hold this amount to be the compensation, which is required to be paid by the respondents jointly and severally to the appellants.