PREM KUMARI Vs. NATIONAL INSU CO

JUDGEMENT

(1.) WITH the consent of the parties, this appeal is being heard and finally disposed of at the admission stage.

(2.) HEARD learned counsel for the parties.

(3.) ON hearing rival contentions, and going through the award as also record of the case, it is revealed that deceased was Halwai by profession which stands proved by EX.45, issued by the Department of the State as the shop was registered under the Shop and Establishment Act for the purpose of Halwai shop and thus earnign of deceased appears to be on lower side, and deserves to be fixed at Rs.3000/- per month. Likewise, the widow has not been awarded any amount for consortium nor other dependents have been awarded compensation for loss of love and affection, therefore, they deserve to be awarded compensation amounting to Rs.10,000/- for loss of consortium and Rs.5000/- each to four dependents of deceased. The amount deserves to be computed by adopting multiplier of 11 as per guidelines of Hon'ble Supreme Court in Sarla Verma and anr. Vs. DTC and ors.-2009(6) SCC,121, as under:Rs.3000-(minus)1/3rd (as against own expenses)=Rs.2000x12x11(multiplier)=Rs.2,64,000-(minus)Rs.1,60,000/-(already awarded)= Rs.1,04,000/- +Rs.10,000(loss of consortium)+Rs.20,000/-(loss of love and affection)=Rs.1,34,000/-(to be additionally awarded)