K. Kannan, J. - (1.) BOTH the appeals are connected and relate to the same accident where two persons died who were brothers. FAO No. 309 of 2001 relates to a claim for compensation for death of Manjeet Singh and FAO No. 4020 of 2001 is for death of Kuldeep Singh. The accident was reported to have taken place on 8.6.1998. Kuldeep Singh had died on the spot while Manjit Singh died little later after the accident.
(2.) WHILE assessing the compensation for death of Manjit Singh the tribunal took note of the evidence that he was JBT trained but was not actually employed as a teacher but was attending to agriculture and also augmenting his income by running Tata Sumo as a taxi. He had also undertaken training for honey gathering and it was stated that he had several sources of income like tuitions that earned for him Rs. 2000/ -, Rs. 3000/ - from car business and Rs. 2,000/ - from selling honey and agriculture. The tribunal took the income at Rs. 3,000/ - adopted a multiplier of 15 and assessed a compensation of Rs. 3,64,000/ -. Apart from proof of ownership of the car and the education qualification that he had obtained there was nothing worthwhile placed on record to assess the income properly. His own brother Kuldeep Singh had taken an appointment in government service as constable earning Rs. 6,000/ - and I would assume that the deceased must have secured to himself an income at Rs. 5,000/ - and I will proceed to determine the compensation on that basis and tabulate the various heads as under: - There shall be an award for Rs. 9,72,000/ -. I have in the manner of reassessment provided for a higher multiplier of 17 and I have provided for higher scales of compensation for loss of consortium and loss of love and affection in the manner brought through some of the recent decisions of the Supreme Court. The parents who are the claimants in this petition are also incidentally the only claimants for death of other son Kuldeep Singh and consequently I will place a lesser degree of dependence on the deceased Manjeet Singh for the parents. In the manner of distribution of compensation each of the parents will have Rs. 1 lac with interest and rest of the amount shall be distributed equally amongst the widow and two children. The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment. The liability shall be on the Insurance Company.
(3.) IN FAO No. 4020 of 2001 the deceased was a constable earning Rs. 6206/ -. I will re -work the compensation by making a provision for prospect of increase at 50% and apply the scales suggested in Sarla Verma Vs. Delhi Road Transport Corporation reported in : (2009) 6 SC 121. The various heads of compensation are tabulated as under: - There shall be an award for Rs. 10,06,000/ -. The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment. The amount shall be distributed equally amongst the parents. The liability shall be on the Insurance Company.;