SALOCHNA DEVI Vs. BHANWAR LAL

JUDGEMENT

(1.) THE appeal is for enhancement of claim for compensation for death of a male, aged 40 years, in an accident that took place on 01.06.1998. The claimants were widow and 3 minor children. He was driver with the Delhi Transport Corporation, Delhi and earning Rs. 11,293.60 per month. This was inclusive of overtime that he had worked and the monthly salary excluding overtime was Rs. 6,873/ -. There are some decisions which have held that overtime cannot be taken as a regular income. I will not deviate from the stated position of law. I will rework the compensation in the manner done by the Tribunal taking the income at Rs. 6,873/ - and make a provision for 30% increase in salary as prospect of future increase and provide also for conventional heads of claims in the manner provided through the recent decisions of the Supreme Court. I will take the age of the deceased as 40 as against the evidence given by the wife that her husband was 38 years of age. It makes no difference as the multiplier between the age of 35 to 40 is the same i.e. 15. The various heads of claims are tabulated as under: -

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