SHERO DEVI Vs. VIJAY KUMAR

JUDGEMENT

(1.) THE skeleton facts are that the deceased was 50 years old truck driver at the time of death. Dependents are a widow, three minor children and three major children.

(2.) WE have gone through the oral evidence read out in the Court. The owner of the truck, employer of the deceased, deposed thatthe deceased was employedas driver at Rs. 2,000/- per month. Truck driver being a skilled worker, judicial notice of the fact--Rs. 2,000/- per month is not unreasonable salary of a truck driver--can be taken. Finding of the Tribunal of the income of the deceased at Rs. 1050/- per month cannot be sustained. Minimum wages provided for unskilled worker are Rs. 1,200/- per month. The claimants' assertion of the income of the deceased being Rs. 2,000/- per month cannot be unreasonable or of ground realities.

(3.) KEEPING in view the factors, viz., interest theory, age of the deceased, number of family members he was required to feed, longevity of the life, etc., we are of the considered view that the multiplier of 9 has been rightly applied by the learned Tribunal while computing compensation; particularly keeping in view of the fact that there is neither any cross-appeal nor is there any serious challenge to the multiplier though relied on New India Assurance Co. Ltd. v. Mohinder Kaur in order to apply the multiplier of 7. The deceased was 51 years old at the time of death and the multiplier of 16 was reduced to 7. There is no doubt that the multiplier adopted in the judgment cited was 7 but the same was adopted keeping in view the peculiar facts and circumstances of that case, i.e., dependents, the age longevity and other relevant factors.