NANHI DEVI Vs. BALJEET

JUDGEMENT

(1.) CM No. 13630 -CII of 2014.

(2.) THE appeal is for enhancement of claim for compensation for death of a male, aged 24 years. He was said to be a labourer, earning about Rs. 9,000/ - per month. The claimants were the mother and sister. The Tribunal took the income at Rs. 5,000/ - per month and proceeded to determine compensation at Rs. 2,90,000/ -. Having regard to the peculiar circumstances of the case that showed that the father had died and the deceased was supporting the family of his mother and sister, I will deviate from the normal rule of 50% deduction and take the claimants to be financially dependent wholly on the son, apply a 1/3rd deduction and rework the compensation under various heads of claims as under: -

(3.) There shall be an award of Rs. 7,97,500/ - and the additional amount secured through this award will attract interest at 7.5% per annum from the date of petition till date of payment. In a case where the father has expired and in a typical Indian social setting where the brother takes care of the widowed mother and sister, sister must be taken as a dependent on the brother and the finding to the contrary by the Tribunal is erroneous. The amount shall be distributed between the mother and the sister in the ratio of 2:1. The liability shall be in the same manner as determined already by the Tribunal, which means the claimants will have a right of enforcement of the award against the insurer and the insurer, in turn, will claim the recoveries against the owner -cum -driver who was said to have driven the vehicle without any valid driving licence.