MAYA DEVI Vs. MOHAN SINGH

JUDGEMENT

(1.) THE appeal is for enhancement of claim for compensation at the instance of the representative of the deceased who was a police constable aged 26 years. The claimants were widow and her minor children. The salary proved on record was Rs. 1,568.00 . The Tribunal took the salary to be Rs. 1400.00 made a deduction of 1/3rd for personal expenses and adopted a multiplier of 16. The case is of the year 1991 and there is no representation on behalf of the appellant. I would not dismiss the case for non-prosecution at this length of time nor do I adjourn the case waiting the arrival of the counsel. I proceed therefore to examine the case on merits with the assistance of the counsel for the owner.

(2.) IN a case where the deceased was in State government service, the Tribunal ought to have also provided for prospect of increase in salary. I would take that to be 50% of the income proved and take the average income to be Rs. 2,352.00. I will make a deduction of 1/3rd and take personal expenses and take the contribution to the family at Rs. 1,568.00 per month. I will adopt a multiplier of 17 as suggested by the Hon'ble Supreme Court in Sarla Verma Vs.Delhi Road Transport Corporation reported in (2009) 6 SC 121 and find the loss of dependency at Rs. 3,19,872.00 which I will round off to Rs. 3,20,000.00. I will provide Rs. 5,000.00 towards loss of consortium to the wife and Rs. 2500.00 for love and affection for the child. I will also add Rs. 5,000.00 towards loss of estate and Rs. 2,500.00for funeral expenses and find the total amount of compensation payable at Rs. 3,35,000.00. The Tribunal, while arriving at the compensation, had also made deduction for pension earned by the widow. Pension is a deferred wage and it is not a benefit arising due to death and therefore it could not be deducted. The amount as determined above in excess of what has been awarded by the Tribunal shall also attract interest at the rate of 6% per annum from the date of petition till the date of payment. The award shall be distributed equally between the claimants.