Biasa Devi v. Bikram Singh









 


 






















 







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< 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/-per month. Therefore, in absence of any cogent

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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 21 years and is survived by his parents and was unmarried.
- The Tribunal has further not made any addition towards future prospects. The deceased was admittedly 21 years of age, hence, as per the law laid down by the Hon'ble Supreme Court in the case of ! #0
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,-+, 40% addition is required to be made towards future prospects. Since, the deceased was 21 years of age multiplier of '18' needs to be applied and since deceased was survived by his parents and was unmarried 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 claimantappellant would also be entitled to Rs. 15,000/- each towards loss of filial 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 to Rs.15,000/-x 2 Rs.30,000/-

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claimant no. 1 & 2 Compensation awarded by Tribunal Rs.1,44,000/- Compensation awarded in appeal Rs.3,24,936/- Enhancement of compensation Rs.3,24,936 (awarded in appeal) - Rs.1,44,000/- (awarded by Tribunal) Rs.1,80,936/- + Claimants-appellants shall also be entitled to interest @ 7.5% on the enhanced compensation from the date of filing of claim petition till realization. Apportionment and liability of respondents to pay compensation shall be as per the award.
 Appeal is accordingly allowed.
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