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Judgment
G.P. Mittal, J.—The Appeal is for reduction of compensation of Rs. 13,22,544/- granted for the death of Sunil Kumar who died in an accident which occurred on 28.04.2010. During inquiry before the Motor Accident Claims Tribunal (the Claims Tribunal) it was claimed that the deceased was running a tea shop and was earning Rs. 15,000/- per month. The Claims Tribunal in the absence of any documentary evidence took the deceased''s income to be Rs. 5278/- i.e. minimum wages of unskilled worker, added 50% towards the inflation, deducted one-fourth towards the personal and living expenses to compute the loss of dependency as Rs. 12,82,544/-.
It is urged by the Learned Counsel for the Appellant that the Claims Tribunal erred in making addition of 50% in the minimum wages.
On the other hand, Learned Counsel for the Respondents/Claimants submits that in the absence of any rebuttal the deceased''s income of Rs. 15,000/- per month should have been accepted.
Before the Claims Tribunal, the First Respondent i.e. widow of the deceased examined herself as PW-1. In her cross-examination, the deceased''s wife testified that, the deceased was running a tea stall selling tea and biscuits and was earning Rs. 15,000/- per month, she added that the deceased was not paying any income tax. No proof of deceased''s income was placed on record by the first Respondent. At the same time, the first Respondent''s testimony that the deceased was running a tea shop was not challenged in cross-examination.
I would assess the income of a small tea stall owner about Rs. 250-/- per day i.e. Rs. 7500/- per month. On making the provision of one-third towards personal and living expenses (considering the number of dependents to be three, father being excluded for want of evidence), and on applying the multiplier of ''18'' the loss of dependency comes of Rs. 10,80,000/- ( Rs. 7500/- x 2/3 x 12 x 18).
On adding the notional sum of Rs. 25,000/- towards loss of love and affection, Rs. 10,000/- towards loss of consortium, Rs. 10,000/- towards loss to estate and Rs. 10,000/- towards funeral expenses, the overall compensation comes to Rs. 11,35,000/-.
The overall compensation is thus reduced from Rs. 13,22,544/- to Rs. 11,35,000/-.
The excess amount of Rs. 1,87,544/- along with the proportionate interest, if any, earned during the pendency of the Appeal shall be refunded to the Appellant Insurance Company.
From the awarded amount, the third Respondent Shanti Devi shall be entitled to a sum of Rs. 1,00,000/- along with proportionate interest @ 7.5% per annum; the Fourth Respondent Gore Lal shall be entitled to a sum of Rs. 50,000/- along with proportionate interest. Rest of the amount along with the proportionate interest shall be equally divided between the First and the second Respondents.
The Appeal is allowed in above terms. No costs.