Ms. Pharmuda and Others vs Tejbir and Others

K. Kannan J.—The appeal is for enhancement of compensation for death of a daily wager in Forest Department. The claimants were widow, two minor daughters and one minor son. The Tribunal while awarding a compensation of Rs. 2,91,000/-, provided for a 1/3rd deduction for personal expenses on an income of Rs. 3,000/-, adopted a multiplier of 9 and awarded Rs. 35,000/-for medical expenses, Rs. 20,000/-for loss of consortium and for funeral expenses provided Rs. 20,000/-Learned Counsel for the Appellants seeks for reappraisal of the award on the basis of the decision of the Hon''ble Supreme Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, and he would state that having regard to the large size of the family of four dependents, the deduction must have been 1/4th and not 1/3rd . He would also urge that the multiplier must have been 14 and not 9. I will accede to both pleas and tabulate the compensation as below:

FATAL ACCIDENTS

Age

43 years

Occupation

Daily Wager in Forest Department

Claimants

Widow, two minor daughters and one minor son

Heads of claim

Tribunal

High Court

Sl. No.

Amount (Rs)

Amount (Rs. )

1

Income

3000

3000

2

Add, % of increase 30% / 50%

3

Average monthly income x 12

4

Deduction (1/2 , 1/3, 1/4, 1/5)

1/3rd

1/4th

5

Multiplicand

2000

2250

6

Multiplier

9

14

7

Loss of dependence

2,16,000

378000

8

Medical Expenses & Transportation

35000

35000

9

Loss of Consortium

20000

20000

10

Loss to estate

2500

11

Funeral expenses

20000

2500

Total

2,91,000

4,38,000

The amount in excess over what has been awarded by the Tribunal shall bear interest @6% from the date of the petition till the date of payment and the liability shall be in the same manner as provided by the Tribunal.

The accident had taken place in the year 2007 and having regard to the fact that I have provided for a multiplier of 14, I would, therefore, direct that as regards the widow''s share, she will be entitled to a withdrawal of 40% and remaining 60% will be deposited in the Nationalized Bank for a period of 9 years and it shall be split into 9 equal shares, the first share for one year, second share for two years and so on upto 9 years. The amount shall be paid on the respective dates of maturity to the widow. As regards the share of the minor children, the same shall be kept in a deposit in Nationalized Bank during the period of minority. The interest shall be paid to the mother periodically once in three months as representing the amount necessary for maintenance of the children. On attaining the majority, the respective minors will be permitted to withdraw upto 60% and the remaining 40% will be kept in a deposit in a nationalized bank for a period of five years, which will be split into five shares in the same fashion, first share for one year, second share for two years and so on upto five years. The amount shall be paid on the respective dates of maturity of deposits.

The appeal is allowed to the above extent.