PURNIMA THAPA Vs. MAMTA KALRA

JUDGEMENT

(1.) This appeal has been filed for enhancement of compensation. Brief facts are that on 23.9.2009 Balraj was going to Basai Enclave, Gurgaon on his Honda Activa bearing registration No. HR 26-AL 4499. His brother-in-law (sister's husband) was also following him on his motor cycle. They both were on the left hand side of the road. At about 6.30 p.m. when they were on the turning of Sid-eshwar School, a Maruti car bearing registration No. HR 26-K 7576 being driven by respondent No. 1 at a very high speed and in a rash and negligent manner came from opposite side and while coming on to the wrong side hit Honda Activa of Balraj as a result of which he fell down and received injuries. He was taken to General Hospital, Gurgaon but he succumbed to his injuries in the hospital. Claims Tribunal held it to be a case of contributory negligence and apportioned the negligence in the ratio of 50:50. His income was taken as Rs. 2,400 to which a cut of 50 per cent was applied and since the age of the deceased was 30 years and that of his parents was 50 and 52 years, multiplier of 11 was applied and compensation of Rs. 1,58,400 was assessed. Besides that, an amount of Rs. 10,000 was also awarded on account of funeral and transportation expenses. Since the deceased was held negligent in the ratio of 50:50, the compensation was reduced to Rs. 84,200.

(2.) Learned counsel for the appellants has argued that the income of Rs. 2,400 taken for the deceased is erroneous. As per Minimum Wages Act applicable during that period when the accident had occurred, the income of the deceased must have been Rs. 4,240. I find this to be indeed so and grant the monthly income at the rate of Rs. 4,240.

(3.) Learned counsel for the appellants has argued that the Tribunal has not awarded anything towards future prospects and nothing has been awarded for loss of love and affection and the amount awarded under the head of funeral expenses, i.e., Rs. 10,000 is very low.