- (1.) This appeal has been filed for enhancement of compensation by the claimants for the death of Chander Bhadur @ Rattan Bhadur. Brief facts are that on 21.10.2003, Chander Bhadur @ Rattan Bhadur along with Gian Chand Bhadur, was going towards Meeran Ghati on a bicycle and when they reached near Beri Udyog and were just to cross the road, a tractor trolley, being driven by respondent No.2 rashly and negligently and coming on the wrong side of the road, struck against the bicycle. As a result of this accident, both the cyclists fell down on the road and received multiple injuries, and Chander Bhadur died on the same day. The Tribunal held respondent No.2 responsible for causing the accident. Income of the deceased was assessed as Rs. 2400/- per month and multiplier of 17 was applied. Besides this, a sum of Rs. 4500/- was awarded for funeral expenses, transportation and loss to estate.
(2.) Counsel for the appellants has argued that the Tribunal erred in assessing the income of the deceased. As per the relevant notification, the minimum wages on the date of accident were Rs. 2600/- per month and not Rs. 2400/-. I accept this to be correct.
(3.) Counsel for the Insurance Company, however, states that in the present case, multiplier has been taken only as per the age of the deceased, whereas it should have been fixed as per the age of the mother of the deceased. As regards application of multiplier, this Court in Nanak Singh and another v. State of Punjab and another, FAO No.5181 of 2010, decided on 17.1.2014, this Court held as follows :- "..........Keeping in view the conflicting decisions of the Hon'ble Supreme Court and taking support from the decision of Division Bench of our High Court in United India Insurance Company Limited v Raj Rani, 1998 ACJ 175, in my considered view, the age of the deceased as well as the age group of the claimants is required to be taken into consideration while adopting a multiplier for determining the dependency to award compensation to the claimant.";