K. Kannan, J. - (1.) DELAY in filing the appeals is condoned.
(2.) BOTH the appeals are connected arising out of the same accident. The appeal in FAO No. 4155 of 2011 is for enhancement of compensation for death of a female aged 48 years. The claimants were husband and four minor children. She was said to be engaged in the avocation of stitching clothes and was earning Rs. 5000/ - per month. In the absence of any documentary proof, the Tribunal taking into account the law laid down by the Supreme Court in Lata Wadhwa Vs. State of Bihar : 2001 ACJ 1735 took the value of services of the householder at Rs. 3000/ - per month, applied a deduction of 1/4th and adopted a multiplier of 12 to assess the total compensation at Rs. 3,30,000/ - including Rs. 6000/ - towards conveyance and last rites of the deceased. The approach adopted by the Tribunal making a 1/4th deduction for personal consumption of the deceased is wholly erroneous. I will retain the value of services of the deceased as taken by the Tribunal at Rs. 3000/ - per month but I will not make any deduction towards personal consumption and take the contribution to the family at Rs. 3000/ - per month. I will adopt a multiplier of 13 suitable to the age of the deceased as per the law laid down by the Supreme Court in Sarla Verma Vs. DTC : 2009(6) SCC 121 to assess the loss of dependence at Rs. 4,68,000/ -. I will tabulate the various heads of claim as under: -
(3.) THERE shall be an award of Rs. 7,98,000/ -. The amount in excess over what has already been provided by the Tribunal shall also attract interest @7.5% from the date of petition till the date of payment. The enhanced amount shall be distributed equally between the claimants. The liability shall be in the same manner as determined by the Tribunal.;