K.KANNAN, J. - (1.) ALL the appeals are connected and arise out of the same accident. These are the cases of death of two persons and injury to one.
(2.) THE appeal in FAO No.859 of 2002 is a claim for enhancement of compensation for death of a male, aged 45 years. The deceased was said to be employed s a driver in Hindustan Dying & Printing Works, New Delhi -a private company, drawing a salary of Rs.5,000/ - per month. The claimants were the widow, 1 major -2 minor children and mother. The income proof brought on record showed through Ex.P2 that he was being paid salary of Rs.3,750/ - per month. The Tribunal assessed a compensation of Rs.3,10,000/ -. I shall rework the compensation on the scales provided now through the recent decisions of the Supreme Court making appropriate increase in salary in future and provide also higher sums towards loss of consortium and for loss of love and affection and I tabulate the other heads of claim as under: - Accident 17.07.2000 Puran Chand Age 45 years Occupation Driver in Hindustan Dying and Printing Works Rs.5,000/ - per month Claimants Widow, 1 major 2 minor children and mother Heads of claim Tribunal High Court Sr. No. Amount (') Amount (') 1. Income 3,750 3,750 2. Add,% of increase 30%/50% 4,875 (30%) 3. Deduction 1/2, 1/3, ¼, 1/5 1/3 3,656.25 (¼) 4. Multiplicand 43,875 5. Multiplier 10 14 6. Loss of dependence (Rs.2,500/ -) 3,00,000 6,14,250 7. Medical expenses 8. Loss of consortium 1,00,000 9. Loss of love and affection 2,00,000 10. Loss to estate 5,000 11. Funeral expenses 10,000 10,000 Total 3,10,000 9,29,250 There shall be an award of Rs.9,29,250/ - and the additional amount secured through this award will attract interest at 9% per annum from the date of petition till date of payment. The additional award shall be distributed amongst the widow, children and mother in such a way that widow and children take twice as the mother of the deceased. The liability shall be on the Insurance Company. The award stands modified and the appeal in FAO No.859 of 2002 is allowed to the above extent.
(3.) THE appeal in FAO No.1542 of 2002 is for enhancement of claim for compensation for death of a driver in Punjab Roadways. The deceased was said to be earning Rs.10,000/ - per month. A Clerk from the Punjab Roadways, Ropar filed documentary proof to show that the deceased was drawing a salary of Rs.9,040/ -. The Tribunal took the monthly contribution to the family at Rs.6,000/ - and assessed a compensation of Rs.8,74,000/ - as the amount payable. I shall rework the compensation and tabulate the various heads of claim as under: - Accident 17.07.2000 Puran Chand Age 45 years Occupation Driver in Punjab Roadways Rs.10,000/ -per month Claimants Widow and 2 children. Heads of claim Tribunal High Court Sr. No. Amount (') Amount (') 1. Income 9,040 9,040 2. Add,% of increase 30%/50% 11,752 (30%) 3. Deduction 1/2, 1/3, ¼, 1/5 1/3 7,834.66 (1/3) 4. Multiplicand 94,016 5. Multiplier 12 14 FAO No.859 of 2002 (O&M) -4 - 6. Loss of dependence (Rs.6,000/ -) 8,64,000 13,16,224 7. Medical expenses 8. Loss of consortium 1,00,000 9. Loss of love and affection 1,00,000 10. Loss to estate 5,000 11. Funeral expenses 10,000 10,000 Total 8,74,000 15,31,224 There shall be an award of Rs.15,31,224/ - and the additional amount secured through this award will attract interest at 9% per annum from the date of petition till date of payment. The additional award shall be distributed amongst the claimants equally. The right of enforcement shall be available against the Insurance Company.;