K. Kannan, J. - (1.) THE appeal is for enhancement of compensation for death of a male aged 46 years. The claimants were widow and two sons. The widow has expired during the pendency of the petition itself and the claim was prosecuted by two sons only. The Tribunal assessed a compensation of Rs. 4,49,650/ -.
(2.) SINCE the death of one of the claimants had occurred during the pendency of the petition itself, the extent to which she would have such benefit for her life time alone will become possible for assessment as regards the widow's share. As regards sons' share, who were major sons, it should be taken that they would have obtained a benefit of the estate as legal representatives. I find the assessment of the Tribunal to be deficient only in so far as it did not provide for all the medical expenses which he would have incurred and brought through bills. I have totalled up the bills which had been marked and not exhibited as evidence only because the persons who had issued the bills had not been examined. It is quite an unnecessary exercise where it was clearly brought out that the deceased had to be treated for some time in the hospital before he succumbed to injuries. The total bills add up to Rs. 1,22,611/ - which I will round off to Rs. 1,23,000/ -. The deceased was a senior clerk and was also an agriculturist. His income was shown to be Rs. 4724/ -. I will add his contribution to the agricultural income at another Rs. 1250/ - and take Rs. 6000/ - as his monthly income. I will rework the compensation and tabulate the same as under: -
(3.) THE total compensation payable shall be Rs. 6,08,000/ -. In the manner of working out the compensation, I have made a deduction of half instead of 1/3rd in view of the death of the widow during the proceedings. Although the multiplier suggested in Sarla Verma Vs. DTC : 2009(6) SCC 121 for a person aged 46 years is 13, I will take the multiplier as 10 as taken by the Tribunal. The matter would have been different if the widow was alive till the disposal of the case in which case the assessment would itself be taken as the estate of the widow which would have been inherited by the sons but since she had died during the pendency of the petition, there is no scope for providing for dependence taking widow's own life span at 70 years. The amount shall be distributed equally amongst the claimants. The liability shall be on the insurer in the manner determined by the Tribunal.;