K.KANNAN J. - (1.) The appeal is for enhancement of compensation by the claimant. The insurance company had been exonerated on the ground that there was no effective driving licence.
(2.) The deceased was said to be employee in Agro Farm and representative of the employer had been examined to say that he was being paid Rs.4000/ - per month as salary. The Court discarded the documentary evidence as not sufficient for no proof of attendance or payment of salary by production of salary register before the Tribunal. I will not find any error in the approach of the Tribunal and affirm the finding already rendered that the income should be taken as Rs.3000/ - per month. However, since he was an able bodied person being just 40 years of age, I will take his employment as reasonably stable that would allow for prospect of increase in future by 50%. I will rework the compensation and apply the multiplier suitable to the age of the deceased as suggested by the Supreme Court in Sarla Verma Vs. DTC (2009) 6 SCC 121. I will also provide for Rs.1 lac for loss of consortium and Rs.50,000/ - to each one of the children and parent considering the fact that the provision for interest from the date of accident would itself make the claim available in the manner in which it is provided in Rajesh v. Rajbir Singh (2013) 9 SCC 54. The several heads of claim ar reworked and tabulated as under: - FATAL ACCIDENT Age 40 years Occupation Employee in Agro Farm Claimants Widow, 2 children and mother Heads of claim Tribunal High Court Sl. No. Amount Amount (Rs.) 1 Income 3000 2 Add, % of increase 50% 4500 3 Less, Deduction 2000 3375 4 Multiplicand (annualized by 40500 multiplying 12) 5 Multiplier 13 15 6 Loss of dependence 6,07,500 7 Medical Expenses and Transportation 8 Loss of Consortium 1,00,000 9 Loss of love and affection 1,50,000 10 Loss to estate 5000 11 Funeral expenses 10,000 Total 3,14,000 8,72,500
(3.) There shall be a compensation of Rs.8,72,500/ - and the additional amount of compensation will also attract interest @7.5% from the date of petition till the date of payment. The additional amount shall be distributed in the ratio of 2:2:2:1 amongst the wife, children and the mother respectively.;