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Judgment
G.P. Mittal, J.—The Appellants seek enhancement of compensation in respect of death of Nikhilesh who was aged 43 years on the date of accident and was working as a Safai Karamchari in the MCD on daily wage basis.
The Tribunal took the deceased''s salary as Rs. 4,184/-, deducted 1/3rd towards personal expenses and applied the multiplier of "13" to arrive at the loss of dependency. After granting compensation under conventional head, a total compensation of Rs. 5,06,000/- was worked out by the Tribunal.
During inquiry before the Tribunal, it was placed on record that the Safai Karamcharis working on daily wage basis were being regularized by the MCD from time to time. The deceased had already applied for regularization and had filed her School Leaving Certificate for proof of her age. It is urged that being a regular government employee, the deceased''s salary would have increased substantially and, therefore, the deceased''s future prospects ought to have been considered. It is further submitted that the deceased was also looking after the household and the dependents ought to have been compensated for loss of household services rendered by the deceased.
On the basis of the evidence adduced before the Tribunal, it can be inferred that the deceased would have been regularized in due course and her salary would have increased substantially. She was, therefore, entitled to be awarded future prospects. Since the deceased was working with the MCD as a full time employee and had two married sons, the dependents are not entitled to any compensation for the domestic services rendered by the deceased. The loss of dependency is calculated as Rs. 4,184/- + 30% = Rs. 5489/- - 1/3rd x 12 x 14 = Rs. 5,26,896/-. The compensation towards love and affection granted by the Tribunal is on the higher side and the same needs to be reduced from Rs. 50,000/- to Rs. 25,000/-. Thus, the compensation the Appellants are entitled for is tabulated hereunder:
Sl. No.
Head of Compensation
Compensation granted by the Tribunal
Compensation granted by the High Court
1.
Loss of Dependency
Rs. 4,36,000/-
Rs. 5,26,896/-
2.
Loss of Consortium
Rs. 10,000/-
Rs. 10,000/-
3.
Loss of Love and Affection
Rs. 50,000/-
Rs. 25,000/-
4.
Loss of Estate
Rs. 5,000/-
Rs. 5,000/-
5.
Funeral Expenses
Rs. 5,000/-
Rs. 5,000/-
Total
Rs. 5,06,000/-
Rs. 5,71,896/-
The enhanced compensation of Rs. 65,896/- shall also carry interest @7.5% per annum from the date of filing the appeal till the date of payment.
The Appeal is allowed in above terms. No costs.