Basanti Devi Alias Kamla Devi v. Bikram Singh And ORS

6.

Learned Tribunal has assessed the income of the deceased to be Rs. 1,500/- per month. Minimum wages prevalent at the time of accident for unskilled worker were Rs.1,851/-. Therefore, in absence of any cogent evidence showing higher income, the income of the deceased is assessed as Rs.1,851/- as per minimum wages prevalent at the time of accident. Admittedly, as per claim petition deceased was aged 18 years and is survived by his mother.

7.

The Tribunal has further not made any addition towards future prospects. The deceased was admittedly 18 years of age, hence, as per the law laid down by the Hon'ble Supreme Court in the case of , 40% addition is required to be made towards future prospects. Since, the deceased was 18 years of age multiplier of 18 needs to be applied. Since, deceased was unmarried and had mother as his dependent 50% needs to be deducted for personal expenses of deceased while calculating loss of dependency. Further, no amount was awarded under the conventional heads and under the head 'loss of consortium'. Hence, the claimants-appellants would be entitled to Rs. 7,500/- towards loss of estate and Rs.7,500/- towards funeral expenses and the claimant-appellant would also be entitled to Rs. 15,000/- towards loss of consortium.

, the reworked compensation as under:

Income of deceased Rs.1,851/- per month Rs.1,851/- per month Deduction 50% (1851-925) Rs.962/- Future Prospects 40% (926+370) Rs.1,296/- Multiplier Total Loss of Dependency 1296 x18 x12 Rs. 2,79,936/- Loss of Estate Rs. 7,500/- Funeral Expenses Rs. 7,500/- Filial Consortium Rs.15,000/- Rs.15,000/- Compensation awarded by Tribunal Rs.1,44,000/- Compensation awarded in appeal Rs.3,09,936/- Enhancement of compensation Rs.3,09,936 (awarded in appeal) - Rs.1,44,000/- (awarded by Tribunal) Rs.1,65,963/-

enhanced amount of compensation shall also attract interest @ 7.5% per annum from the date of filing of the claim petition till the realization of the entire amount. Apportionment and liability to pay compensation shall be as per the award. Amount be disbursed to appellant and be not deposited in FDR.

10.

In of the decision by the Hon'ble Supreme Court in Parminder Singh vs. Honey Goyal & Ors. AIR 2025 SC 1713 after calculation of the enhanced amount, the same be transferred by the Insurance Company in the bank account(s) of the claimant within six weeks from today and the apportionment thereof shall be as per the percentage directed by the Tribunal. The particulars of the bank account(s) alongwith the requisite documents(s) in support thereof shall be furnished by the claimants to the Insurance company within a period of two weeks from the date of this order and needful shall be done by the Insurance Company after verification thereof within four weeks thereafter alongwith up-to-date interest. The compliance shall be reported by the Bank to the Tribunal concerned. 11.

Appeal is accordingly allowed.