Anita Devi and others vs Rajbir Singh and others

K. Kannan, J.—The claimants are in appeal seeking for enhancement of compensation. The deceased was a male aged 24 years working as a Cleaner. He was said to be drawing a salary Rs. 4,500/- per month and Rs. 200/- per night extra. The Tribunal took the income at Rs. 4,000/- per month, adopted a 1/3rd deduction and applied a multiplier of 17 in terms of the judgment of the Supreme Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, . The learned counsel appearing on behalf of the appellants states that the Court shall provide for gross income and also make only a 1/10th deduction having regard to the fact that the family was large in terms of the decision of the Supreme Court in New India Assurance Co. Ltd. v. Gopali & Ors. 2012 (3) RCR 818. I find no reason to take a different scale of income than what has been provided by the Tribunal. The judgment in Gopali''s case (supra) cannot be stretched to an unnatural extent that in every case 1/10th deduction is to be given. The decision must be confined to situation where there was 10 dependents. The Tribunal found that 1/3rd deduction for personal expenses of the deceased, who was said to have been earning Rs. 3,000/- per month was too high. Having regard to the fact there are 5 dependents, I would provide 1/5th deduction and the assess the contribution to the family at Rs. 3,200/- per month. Adopting a multiplier of 18, the loss of dependency would be Rs. 6,91,200/-. The Tribunal has not provided for conventional heads of claim. I would provide for Rs. 5,000/- as loss of consortium to the wife and Rs. 5,000/- for each one of the minor children towards love and affection The Tribunal has already provided for Rs. 7,000/- towards loss to estate and funeral expenses which I will enhance to Rs. 10,000/- under both the heads. The over all compensation will be Rs. 7,16,200/-. The amount in excess what has been awarded by the Tribunal shall bear additional interest @ 7.5% per annum from the date of petition till the date of payment. The manner of liability assessed by the Tribunal is retained which means that the insurance company shall make the payments and obtain a right of recovery against the insured.

The award is modified and the appeal is allowed to the above extent.