Smt. Krishna and Others vs Mukesh Kumar and Others

K. Kannan, J.—The appeal is for enhancement of compensation for death of male aged 32 years. He was working in Soil Conservation Department in the State of Haryana earning an income of Rs. 4685/-. The claimants were widow and two minor sons. The Tribunal assessed a compensation of Rs. 5,07,188/-. The compensation is reworked on the basis of parameters laid down by the Supreme Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, with reference to prospect of increase in salary, multiplier and the conventional heads of claim for loss of consortium, loss of love and affection and tabulated as under:-

There shall be an award of Rs. 12,26,960/- which I round off to Rs. 12,27,000/-. The additional amount shall also attract interest @7.5% from the date of petition till the date of payment. The liability shall be on the insurer. Out of the compensation assessed, the claimants shall be allowed to withdraw 80% of the amount and 20% of the amount shall be kept in deposit with Nationalized Bank by splitting an amount in four equal portions, the first portion for a period of one year, the second portion for a period of two years and so on upto four years. The amount shall be disbursed on the respective dates of maturity without having to file any petition but under advice with the Tribunal. The accident has taken place in 2000 and I assume that petitioner Nos. 2 and 3 have also attained majority since even at the time of presentation of the petition they were 16 and 13 years.

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