K. Kannan, J. - (1.) THE appeal is for enhancement of claim for death of a male, aged 41 years in an accident that took place on 14.01.1998. He was an employee as a mechanic in Escorts Yamaha Motors Company at Faridabad. The claimants were widow, two minor children, married daughter and dependent father.
(2.) AT the trial, salary certificate showing his basic salary at Rs. 4,779.25 produced and evidence was given through a personnel from the office who said that he also paid a monthly incentive of Rs. 1,200/ -, medical allowances which were totalled up to Rs. 125/ - per month and bonus @ 20% of his salary that worked out to about Rs. 700/ -. The Tribunal took only the basic salary as the relevant part of income, applied a multiplier of 13 for an amount arrived after deducting 1/3rd for personal expenses and assessed the compensation of Rs. 4,97,016/ -. The assessment to compensation, in my view, is grossly deficient as regards the total emoluments that was required to be taken into reckoning where a person was employed in a popular public limited company. There ought to have been a sure prospect of increase in salary as well. The scales of compensation for loss of consortium and loss of love and affection have also increased even in respect to accident that took place prior to the decision rendered in Rajesh Versus Rajbir Singh - : 2013(9) SCC 54. I reappraise the compensation and tabulate the various heads of claims as under: - There shall be an award of Rs. 13,21,340/ - and the additional amount secured through this award will attract interest at 7.5% per annum. In reckoning the compensation, I have added also the allowances and other sure benefits which he was entitled to, as spoken to by the witness and I made a further provision for increase at 30% in the manner contemplated in Sarla Verma Versus Delhi Transport Corporation and another - : 2009(6) SCC 121. The liability shall be in the same manner as determined already by the Tribunal. The Insurance Company will, therefore, have a right of recovery against the owner and driver. The interest shall be granted for the whole amount from the date of petition till date of award. The counsel points out that the Tribunal has awarded interest only from the date of award. The provision made at 7.5% per annum from the date of petition will therefore take care of what was not provided already by the Tribunal.
(3.) THE award stands modified and the appeal is allowed to the above extent.;