MADHU TYAGI Vs. VIJAY KUMAR @ KALIA AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the claimants for the enhancement of compensation on account of death of Sh. Anuj Kumar Tyagi, aged 25 years, in a motor vehicular accident on 07.05.2006.

(2.) The Tribunal assessed the income at Rs.5000/- p.m. and by applying deduction of 2/3rd and multiplier of 12 awarded compensation Rs.4,80,000/- and further awarded Rs.10,000/- towards funeral expenses alongwith interest @ 7.5% p.a.

(3.) Learned counsel for the appellants has argued that even if the testimony that the deceased was earning 15,000/- p.m. is to be disbelieved yet considering the fact that the deceased was working as a reporter in a leading newspaper his income should have been taken as Rs.1 lac per annum which was the amount below the taxable limit in the year 2006. Learned counsel for the respondent No.3-insurance company is not in a position to deny this fact but has argued that dependency of 2/3rd could not have been taken and it should be half since the deceased was an unmarried boy.