vegeta/nlplegal · Datasets at Hugging Face

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P.W.3. He has deposed that, the deceased was working
in their organization as a Installation Technician and was
getting monthly salary of Rs.8,983/-. He has produced
appointment letter of Appanna at Ex.P.21, Pay slip for
the month of June-2015 to August-2015 and Muster
Roll/Wages register at Ex.P.23. In Ex.P.21 the Gross
Salary shown to be fixed at Rs.7,333/- per month. In
Ex.P.22, the salary drawn during each months of June-
2015 to August-2015 was at the rate of Rs.8,983/- per
month. Therefore, taking into the consideration of the
above mentioned salary if income of the deceased is
considered at Rs.8,000/- per month after deducting the
contribution towards PF and ESI that would meet the
ends of justice.
21. It is pertinent to note that, as per Ex.P.12 i.e
Driving Licence, the date of birth of the deceased is
shown as 13.12.1973. As per Ex.P.12 age of the deceased
is 42 years as on the date of the accident. Therefore, the
25 SCCH-24
M.V.C.4650/2015 C/w 4651/2015
age of the deceased is considered as 42 years as on the
date of the accident.
22. It is held in the decision reported in 2013 ACJ
1403 between Rajesh and others V/s. Rajbir Singh and
others that, the claimants in case of death claim for the
purpose of compensation, must establish (a) Age of the
deceased, (b) Income of the deceased, (c) The number of
dependents. To arrive at the loss of dependency, claims
Tribunal must consider (i) Additions/deductions to be
made for arriving at the income: (ii) The deductions to be
made towards the personal and living expenses of the
deceased and (iii) The Multiplier to be applied with
reference to the age of the deceased as held in the case of
Sarala Verma, 2009 ACJ 1298.
23. In the present case the income of the deceased
is considered as Rs.8,000/- per month which comes to
Rs.96,000/- per annum. The income of the deceased is
26 SCCH-24
M.V.C.4650/2015 C/w 4651/2015
below the taxable income. The deceased was aged about
42 years as on the date of the accident.
24. As per the above said decisions it is held that,
50 percent of actual income (after deduction of tax) for
persons below 40 years, 30 percent for the age group of
40 to 50 years, 15 percent for age group of 50 to 60 years
has to be considered for addition of future income and no
addition thereafter. As per above cited decision, 30% of
the income of the deceased is to be added to his monthly
income. If the 30% of the income is added then, it comes
to (Rs.8,000/- + Rs.2,400/-) Rs.10,400/- per month.
Admittedly, the deceased was a married person and
petitioners were his dependants. Thus, if 1/3rd of the
income is deducted towards his personal and living
expenses, then the total income of the deceased comes to
Rs.6,933/- per month and Rs.83,196/- per annum.
Hence, as per the decision reported in 2009 ACJ 1298
between Sarala Verma & Others V/s Delhi Transport
27 SCCH-24
M.V.C.4650/2015 C/w 4651/2015
Corporation and others the appropriate multiplier is '14'.
So the Loss of dependency works out to (Rs.6,933/- X
12 X 14) Rs.11,64,744/-.
25. The petitioner No.1 and 2 are the son and
daughter respectively and petitioner No.3(a) is the sister
of the deceased who is impleaded after the death of
petitioner No.3 who is the father of deceased Appanna.
They have lost love and affection of the deceased. Taking
into consideration of the said fact, this Tribunal is of the
considered view that, it would be just and proper to
award a compensation of Rs.30,000/- under the head
Loss of love and affection.
26. It is the evidence of P.W.1 and 2 that, after the
postmortem the body handed over to them for performing
the last rights. The post Mortem was conducted at
Victoria Hospital. It is further deposed, they have
transported the body to their native place and incurred a
sum of Rs.50,000/- towards transportation of dead body,
28 SCCH-24
M.V.C.4650/2015 C/w 4651/2015
funeral and obsequies. No documents forthcoming for
having spent money towards transportation of dead body,
funeral obsequies ceremony expenses. It is pertinent to
note that, the petitioners must have spent money
towards transportation of body from the Hospital to
resident and from there to the burial ground and must
have spent money for funeral and obsequies ceremony.
Hence, in the absence of proof, a sum of Rs.5,000/- is
awarded towards Transportation of body and a sum of
Rs.10,000/- is awarded under the head Funeral &
obsequies ceremony. Thus, the petitioners are entitled
for the compensation under the following heads:
1. Loss of dependency. Rs.11,64,744/-
2. Loss of love and affection. Rs. 30,000/-
3. Transportation expenses. Rs. 5,000/-
4. Funeral and obsequies Rs. 10,000/-
ceremony.
Total Rs.12,09,744/-
So, the petitioners are entitled for compensation of
Rs.12,09,744/- which is rounded off to
29 SCCH-24

P.W.3. He has deposed that, the deceased was working

in their organization as a Installation Technician and was

getting monthly salary of Rs.8,983/-. He has produced

appointment letter of Appanna at Ex.P.21, Pay slip for

the month of June-2015 to August-2015 and Muster

Roll/Wages register at Ex.P.23. In Ex.P.21 the Gross

Salary shown to be fixed at Rs.7,333/- per month. In

Ex.P.22, the salary drawn during each months of June-

2015 to August-2015 was at the rate of Rs.8,983/- per

month. Therefore, taking into the consideration of the

above mentioned salary if income of the deceased is

considered at Rs.8,000/- per month after deducting the

contribution towards PF and ESI that would meet the

ends of justice.

21. It is pertinent to note that, as per Ex.P.12 i.e

Driving Licence, the date of birth of the deceased is

shown as 13.12.1973. As per Ex.P.12 age of the deceased

is 42 years as on the date of the accident. Therefore, the

25 SCCH-24

M.V.C.4650/2015 C/w 4651/2015

age of the deceased is considered as 42 years as on the

date of the accident.

22. It is held in the decision reported in 2013 ACJ

1403 between Rajesh and others V/s. Rajbir Singh and

others that, the claimants in case of death claim for the

purpose of compensation, must establish (a) Age of the

deceased, (b) Income of the deceased, (c) The number of

dependents. To arrive at the loss of dependency, claims

Tribunal must consider (i) Additions/deductions to be

made for arriving at the income: (ii) The deductions to be

made towards the personal and living expenses of the

deceased and (iii) The Multiplier to be applied with

reference to the age of the deceased as held in the case of

Sarala Verma, 2009 ACJ 1298.

23. In the present case the income of the deceased

is considered as Rs.8,000/- per month which comes to

Rs.96,000/- per annum. The income of the deceased is

26 SCCH-24

M.V.C.4650/2015 C/w 4651/2015

below the taxable income. The deceased was aged about

42 years as on the date of the accident.

24. As per the above said decisions it is held that,

50 percent of actual income (after deduction of tax) for

persons below 40 years, 30 percent for the age group of

40 to 50 years, 15 percent for age group of 50 to 60 years

has to be considered for addition of future income and no

addition thereafter. As per above cited decision, 30% of

the income of the deceased is to be added to his monthly

income. If the 30% of the income is added then, it comes

to (Rs.8,000/- + Rs.2,400/-) Rs.10,400/- per month.

Admittedly, the deceased was a married person and

petitioners were his dependants. Thus, if 1/3rd of the

income is deducted towards his personal and living

expenses, then the total income of the deceased comes to

Rs.6,933/- per month and Rs.83,196/- per annum.

Hence, as per the decision reported in 2009 ACJ 1298

between Sarala Verma & Others V/s Delhi Transport

27 SCCH-24

M.V.C.4650/2015 C/w 4651/2015

Corporation and others the appropriate multiplier is '14'.

So the Loss of dependency works out to (Rs.6,933/- X

12 X 14) Rs.11,64,744/-.

25. The petitioner No.1 and 2 are the son and

daughter respectively and petitioner No.3(a) is the sister

of the deceased who is impleaded after the death of

petitioner No.3 who is the father of deceased Appanna.

They have lost love and affection of the deceased. Taking

into consideration of the said fact, this Tribunal is of the

considered view that, it would be just and proper to

award a compensation of Rs.30,000/- under the head

Loss of love and affection.

26. It is the evidence of P.W.1 and 2 that, after the

postmortem the body handed over to them for performing

the last rights. The post Mortem was conducted at

Victoria Hospital. It is further deposed, they have

transported the body to their native place and incurred a

sum of Rs.50,000/- towards transportation of dead body,

28 SCCH-24

M.V.C.4650/2015 C/w 4651/2015

funeral and obsequies. No documents forthcoming for

having spent money towards transportation of dead body,

funeral obsequies ceremony expenses. It is pertinent to

note that, the petitioners must have spent money

towards transportation of body from the Hospital to

resident and from there to the burial ground and must

have spent money for funeral and obsequies ceremony.

Hence, in the absence of proof, a sum of Rs.5,000/- is

awarded towards Transportation of body and a sum of

Rs.10,000/- is awarded under the head Funeral &

obsequies ceremony. Thus, the petitioners are entitled

for the compensation under the following heads:

1. Loss of dependency. Rs.11,64,744/-

2. Loss of love and affection. Rs. 30,000/-

3. Transportation expenses. Rs. 5,000/-

4. Funeral and obsequies Rs. 10,000/-

ceremony.

Total Rs.12,09,744/-

So, the petitioners are entitled for compensation of

Rs.12,09,744/- which is rounded off to

29 SCCH-24