IDA Vs. SAHUN

JUDGEMENT

(1.) THIS is an appeal directed by mother of deceased claiming compensation on account of death of Israil in a motor vehicular accident.

(2.) THE learned Tribunal after adjudication has partly accepted the claim petition and allowed a sum of Rs.3,88,000/ -. The only point urged before this Court is regarding quantum and as such, the other facts need not be narrated. Before the Tribunal the claimant has alleged that the deceased was earning Rs.8,000/ - per month. The Tribunal has taken the income of the deceased as Rs.3,500/ - per month being the minimum wages. The yearly income was taken as Rs.42,000/ - Since, the deceased was a bachelor and as such, keeping in view the authority "Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, 2009 3 RCR(Civ) 77", 1/2 was deducted in respect of personal expenses and yearly dependency was taken as Rs.21,000/ -. The deceased was 19 years and as such, the multiplier of 18 was applied and the amount of compensation was calculated as Rs.3,78,000/ -. Rs.5,000/ - was allowed in respect of funeral expenses and Rs.5,000/ - was allowed in respect loss of estate and in this manner, a sum of Rs.3,88,000/ - was allowed along with interest @ 6% per annum.

(3.) LEARNED counsel for the appellant has not argued about the income taken by the Tribunal as Rs.3,500/ - per month, however, he has submitted that future prospects should have been taken into account while granting the amount of compensation. He has further submitted that amount in respect of loss of love and affection and funeral expenses are on lower side.