K. Kannan, J. - (1.) THE appeal is for enhancement of compensation for death of a male aged 46 years. He was said to be employed as a Foreman in the factory in Germany. The salary certificate issued by the Company which has been duly attested by the Indian Embassy showed that he was earning 5534.70 Deutsche Marks. The accident had taken place on 18.12.1993 and at the relevant time the foreign exchange was Rs. 20 per Mark. The tribunal found that the wife and the son had been settled in U.K. and it was not clear what was contribution which he was making to the family. The parents of the deceased were settled in USA and the tribunal also observed that there was no proof that there was any dependence. It has provided for a very modest contribution to the family and applied a multiplier of 13 and determined the compensation at Rs. 4,47,800/ - as compensation payable. I find the assessment to be grossly deficient. I re -work the compensation. The various heads of compensation are tabulated as under: - I have taken contribution to the family at 50%, by taking a larger part of expenses by running his own independent family in Germany and keeping the wife and children elsewhere in another country. I would also see that his income tax liability at a higher bracket at 30% and provide for deduction and take an annual contribution after providing for deduction as made above at Rs. 6,70,154/ - considering the fact that he was 46 years of age and the usual multiplier as per the decision in Sarla Verma Vs. Delhi Road Transport Corporation reported in : (2009) 6 SC 121. I reduce the multiplier at 11 as suggested by the Supreme Court in United India Insurance Co. Ltd. Vs. Patricia Jean Mahajan : (2002) 6 SCC 281 considering the fact that it is not possible to assess for how long he would have continued in the job and continued with the same salary. I will provide for loss of consortium and loss of love and affection in the conventional manner.
(2.) THE mother is a heir, apart from widow and children. The mother appears to have died on 18.4.1996 before the passing of the award on 23.7.1998. If at all she would have been entitled to any amount, it would have been by way of loss to estate and to the extent to which she could not claimed as a heir. Having regard to the fact that I have provided for a substantial amount of loss of dependency by using the multiplier of 11, I take that Rs. 5 lacs would have been the amount contributed to the estate of the mother from the deceased son. This amount shall again be distributed among all the legal representatives who have been added considering the fact that the widow and son will themselves figure as heir to the mother of the deceased. I allow for a payment of Rs. 4 lacs with interest out of the total sum determined as a compensation payable to all other legal heirs of the deceased mother. The rest of the amount shall be the amount payable to the widow and son. 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 insurer. The amount determined shall be distributed equally amongst all the claimants. The award is modified and the appeal is allowed to the above extent.
(3.) FAO No. 397 of 1999 relates to a claim by the representatives of yet another deceased in the accident. He was working in a restaurant in USA and the salary certificate brought through the Indian Embassy showed that he was drawing an income of 2500/ - US dollars per month. The tribunal took Rs. 3,000/ - per month as his income applied a multiplier of 14 and determined a compensation of Rs. 4,11,000/ -. there was evidence to the effect that the parents used to receive Rs. 2 to Rs. 4 lacs every year by way of contribution from the son. There is simply no reason why a different yard stick must be applied for considering the income of a person earning in dollars. The only modification that I will apply is to take a relatively lower multiplier by reducing the number of years' purchase by two units and re -work the compensation making a provision for prospect of increase and deduction in the same manner as suggested by the decision in Sarla Verma Vs. Delhi Road Transport Corporation reported in : (2009) 6 SC 121. I shall provide for 30% deduction by way of tax since it held within a higher income group. I have tabulated the various heads of claim as under: - There shall be an award for Rs. 79,67,600/ -. The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 6% per annum from the date of petition till the date of payment. The amount shall be distributed between the wife, children and parents in such a way that wife and children get twice as much the share of the parents. The liability shall be in the same manner as determined already by the tribunal.;