Swaran Singh Etc. v. Nirbhai Singh Etc.

It is further the contention of the learned counsel for the appellants that the amounts awarded under the conventional heads as well as under the head 'loss of consortium' are not in accordance with the law laid down by the Hon'ble Supreme Court.

. Keeping in view the age of the deceased as 60 years an addition of 10% future prospects ought to be taken. It is also not in dispute that deceased is survived by 2 dependants and therefore, the learned Tribunal ought to have taken 1/3rd deduction towards personal expenses. Further, the claimants-appellants would be entitled to Rs. 15,000/- each under the head loss of parental consortium, Rs.7,500/- for funeral expenses and Rs.7,500/- for loss of estate.

7.

Accordingly, the reworked compensation is as under: Income Rs.1,585/- per month (as per minimum wages) Future Prospects 10% (1585+158) Rs. 1,743/- Deduction (1743-581) Rs. 1,162/- Multiplier Total Loss of dependency Rs. 1,162x9x12 Rs. 1,25,496/-

Loss of Estate Rs. 7,500/- Funeral Expenses Rs. 7,500/- Loss of parental consortium to claimant nos. 2& 3 Rs. 15,000x2 Rs. 30,000/- Total compensation awarded by Tribunal Rs. 64,000/- Total Compensation awarded in appeal Rs. 1,70,496/- Enhanced amount of compensation Rs.1,70,496/- (as awarded in appeal) - Rs.64,000/- (as awarded by Tribunal) Rs. 1,06,496/- 8.

Claimants-appellants shall also be entitled to interest at the rate of 7.5% per annum from the date of filing of petition till realization on enhanced compensation. Apportionment and liability to pay compensation shall be as per the award.

9.

Appeal is allowed in above terms.