KRISHNA Vs. MAHBIR SINGH

JUDGEMENT

(1.) THE appeal is for enhancement of compensation for death of a male aged 32 years in a motor accident that took place on 01.06.1996. The claimants were widow, three minor children and mother. He was said to be employed as a driver -cum -supervisor with M/s. A.K. Carriers, Building Material Carrier, Gurgaon and was earning Rs. 4,000/ - per month. The proprietor of M/s. A.K. Carrier, appeared in the witness box as PW -3 and gave evidence to the effect that the deceased was employed as a driver on his truck and was drawing a monthly salary of Rs. 1600/ - and he was also used to be paid Rs. 20/ - per trip as commission in case he could manage to have three trips daily. The Tribunal took the income of the deceased at Rs. 1600/ - per month, applied a deduction of 1/3rd and adopted a multiplier of 16 to assess a compensation of Rs. 1,92,000/ -.

(2.) I find the assessment made by the Tribunal to be wholly inadequate. I will take the income of the deceased at Rs. 2,000/ - per month and will also provide for a prospect of future increase at 50%. I will make a deduction of 1/4th for personal consumption of the deceased and adopt a multiplier of 16 suitable to the age of the deceased to assess the loss of dependence at Rs. 4,32,000/ -. I will also provide for a larger slice of amount for loss of consortium and loss of love and affection as per recent trends adopted by the Supreme Court in its recent decisions in Sarla Verma Vs. DTC : 2009 (6) SCC 121 and Rajesh Vs. Rajbir and others : (2013) 11 SCC 54. I will tabulate the various heads of claim as under: -

(3.) THE award passed by the Tribunal is set aside and the appeal is allowed to the above extent.