LALITA BATRA Vs. MANOJ KUMAR

JUDGEMENT

(1.) THE appeal is for enhancement of compensation for the death of a male aged 30 years. The accident had taken place on 29.11.2000. The claimants were widow and three minor children and mother.

(2.) HE was said to be a government contractor. His income tax assessment for four years previous to his death had been filed. The income had been ranged between Rs. 33,360/ - to Rs. 1,50,000/ - in various years. The Tribunal took the income at Rs. 80,000/ - and after making 1/3rd deduction, made a further deduction about Rs. 13,000/ - per annum for out of pocket expenses, it applied a multiplier of 17 and assessed the compensation at Rs. 6,90,000/ -. The deduction that is applied invariably take care of out of pocket expenses as well. If the Tribunal had taken Rs. 80,000/ - as average income for 30 years old man, who is a government contractor, I believe that he would have scaled up in his life and there must be a prospect of increase of income as well. I adopt the average income as taken by the Tribunal and would apply 50% increase as prospect in future. The Tribunal has adopted 1/3rd deduction and I will raise to 1/4th deduction. I will make no separate deduction for out of pocket expenses. I will also allow compensation for loss of consortium and love and affection in the manner provided by several of the recent decisions of the Supreme Court and tabulate the various heads of claim as under: -

(3.) THE award is modified and the appeal is allowed to the above extent.