- (1.) For the reasons stated in the applications, delay in filing of the appeals is condoned.
(2.) All the appeals are connected and the claims pertain to death occurring in the same accident. The appeal for enhancement in FAO No.103 of 2011 is sought at the instance of the claimants contending that the assessment to compensation has been grossly inadequate. The contention was that the deceased was 38 years of age and he was a taxi driver by profession and used to contributed Rs. 9,000/- per month for running the family. The Court took the income of the deceased as an unskilled labour and assessed the dependency per month at Rs. 1,600/- and applied a multiplier of 12. A person who is a professional driver cannot be termed as an unskilled person. He is semi-skilled and if the wife is contending that her husband used to contribute about Rs. 9,000/- per month, I would take at least Rs. 5,000/- as an income that he would earn considering the fact that the accident had taken place in the year 2005. He was supporting family with himself, wife, minor son and his father. I would provide for a 1/3rd deduction for personal expenses and take the yearly contribution to the family at Rs. 40,000/-. I would apply a multiplier of 15 against 12 and hold the loss of dependency as Rs. 6,00,000/-. I will add Rs. 5,000/- for loss of consortium and Rs. 5,000/- for loss of love and affection to the minor son. I will provide for further sum of Rs. 5,000/- towards loss to estate and Rs. 2,500/- for funeral expenses. The total compensation payable would be Rs. 6,17,500/-. The amount in excess of what has been awarded by the Tribunal would attract interest @ 6% per annum from the date of petition till the date of payment. The liability shall be in the same manner as determined by the Court below. The insurance company shall be liable to pay the money and will have a right of recovery against the insured for the proven of act of violation of terms of policy. The additional amount assessed shall be equally distributed among all the claimants.
(3.) The award stands modified and the appeal is allowed to the above extent.;