Risal Singh and Another vs Kanagashwari Co-operative Marketing and Consumer Society Ltd. and Others

Deepak Gupta, J.—This appeal has been filed for enhancement of compensation. The claimants are the parents of deceased Bhupender Kumar. Since the only question is of enhancement the facts relevant for this purpose alone are being discussed.

The deceased was only 18 years old and was yet to start earning. The learned MACT has not assessed the income of the deceased but has straight-way assessed the dependency of the Petitioners at Rs. 1,000/- per month or Rs. 12,000/-per year. In my view this approach was not correct. Even if the deceased was not earning anything at that stage his prospective earnings should have been assessed.

The claimants belong to an agriculturist family and it has come in evidence that the deceased had about 36 Kanals of land. It is thus obvious that the deceased belonged to an agricultural family. Even if the minimum wages relevant for the year 2000-01 are taken into consideration it would not be unreasonable to assess the prospective income of the deceased at Rs. 100/- per day. We also have to take into consideration the future prospective earnings, increase of income, which would have taken place over a time. Since there is no cogent evidence in this behalf these cannot be increased by 50% as urged by Shri Suneet Goel, learned Counsel for the claimants, on the basis of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, but are to be increased by 25%. Therefore, the income of the deceased is assessed at Rs. 3,750/-per month for the purpose of prospective earnings. Since the claimants are the parents 50% is to be deducted for the personal expenses of the deceased and the dependency works out to Rs. 1875/- per month or Rs. 22,500/- per year. The mother was aged about 40 years and therefore applying the Sarla Verma''s case (supra) multiplier of 15 would be applicable and the compensation works out to Rs. 3,37,500/- which is around of to Rs. 3,40,000/-. In addition thereto, the claimants would be entitled to conventional damages of Rs. 10,000/-and Rs. 10,000/- for funeral expenses, etc. The award is accordingly enhanced to Rs. 3,60,000/- with interest as awarded by the learned Tribunal. Out of this Rs. 3,00,000/-be paid to the mother and Rs. 60,000/- to the father. The award is modified to this extent.

Both the Insurance Companies which have been held liable to pay the amount in the ratio of 60-40 shall deposit the enhanced amount along with interest at the rate awarded by the learned Tribunal on or before 15th July, 2011. The appeal is accordingly disposed of. No costs.