KAMRUN NISA Vs. RAM CHANDRA MISTRY

JUDGEMENT

(1.) THE claimants-appellants are the widow and minor children aged about 6 years, 3 years and 1 year. Because of the death of the deceased, who was a mechanic and was the only bread earner, the claimants have been deprived of their livelihood.

(2.) IT appears that on the unfortunate date of accident by the truck the deceased died on the spot. He was aged about 25 years. Although, the claimants case was that the monthly earning of the deceased was s. 4,000/-but the Tribunal proceeded to decide the quantum of compensation by noticing the fact that in 2002 an unskilled labourer used to get rs. 80/- per day s minimum wages. Taking annual dependency of the deceased rs. 19,200/- a multiplier of 13 was taken on the ground that claimants are the widow and minor children and the parents have not been impleaded. In our view, the approach of the tribunal is unknown to law and against the law laid down by the Supreme Court.

(3.) BE that as it may, undoubtedly, the deceased was a Mechanic and a young man of 25 years. Even if we accept the annual dependency so determined by the Tribunal a multiplier of 16 has to be taken for determining the final compensation. In the facts of the case if we take 17 years of multiplier, the compensation amount comes to about rs. 3,26,000/ -. The Tribunal has also committed error in not awarding interest on the compensation amount. However, instead of calculating the interest, we are of the view that a lump sum amount of Rs. 3,50,000/- shall be just and reasonable compensation.