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2012 DIGILAW 1402 (PNJ)

Sunita v. Ram Kumar

2012-10-05

M.JEYAPAUL

body2012
JUDGMENT Mr. M. Jeyapaul, J.: (Oral) - The widow, minor daughter and unmarried sister of deceased Bidhi Chand have preferred the present appeal aggrieved by the quantum of compensation fixed by the Tribunal. 2. Bidhi Chand died at the age of 30 on account of a motor accident which took place on 24.3.2007. Though it is contended that the deceased was working as a mason, the Tribunal fixed the monthly salary of the deceased at Rs.3000/- in the absence of any proof. The Tribunal also disallowed the compensation beyond Rs.4668/- being her share for 6 months till she got remarried. 3. Learned counsel appearing for the appellant would submit that the income of the deceased who was a mason was fixed at Rs.3500/-. Though the widow has remarried 6 months after the death of her husband, she should not have been denied the compensation she is entitled to. It is his further submission that as per the decision of Hon’ble Supreme Court in Santosh Devi vs. National Insurance Co. Ltd. and others, [2012(3) Law Herald (SC) 2035 : 2012(3) Law Herald (P&H) (SC) 1897] : 2012(2) RCR (Civil) 882, 30% of the income should have been added to the income towards future prospects even in the case of death of a labourer. 4. Learned counsel appearing for the insurance company would submit that the Tribunal has rightly determined the monthly income of the deceased at Rs.3500/- as there is no contra evidence to show that he was a skilled worker. The Tribunal should have applied the multiplier of ‘17’ instead of ‘18’ as per the decision of the Hon’ble Supreme Court in Sarla Verma vs. DTC, [2009(3) Law Herald (SC) 2107 : 2010(1) Law Herald (Acc.) (SC) 65] : (2009) 6 SCC 121, it is further submitted. 5. As rightly pointed out by the Tribunal, it appears that the there is no evidence let-in to establish that the deceased was working as a Mason at the time of his death. The Tribunal has rightly taken the monthly income of the deceased at Rs.3500/- in the background of the monthly income fixed for an unskilled labourer in the Minimum Wages Act. But the Tribunal has failed to add 30% of income to the monthly income of the deceased towards future prospects as held in Santosh Devi’s case (supra). The Tribunal has rightly taken the monthly income of the deceased at Rs.3500/- in the background of the monthly income fixed for an unskilled labourer in the Minimum Wages Act. But the Tribunal has failed to add 30% of income to the monthly income of the deceased towards future prospects as held in Santosh Devi’s case (supra). As rightly pointed out by learned counsel for the insurance company, the Tribunal should have applied a multiplier of ‘17’ instead of ‘18’ as the deceased was found to be 30 years old at the time of his death. 6. I am not in agreement with the view that a woman who chooses to remarry after the death of his husband is disentitled to receive compensation beyond the period she remained as a widow. Such a view would go against the proposal of remarriage of the widow after the death of her husband. In other words, taking such a drastic view would discourage the remarriage after the death of the husband. The widow who has been left behind by the husband is entitled to full compensation even after her remarriage. 7. In view of the above, a sum of Rs.6,18,732/- (Rs.3500+30% being Rs.1050= Rs.4550-1/3 being Rs.1517= Rs.3033x12= Rs.36,396x17= Rs.6,18,732/-) towards loss of dependency, Rs.5000/- towards funeral expenses, Rs.5000/- towards loss of estate, Rs.10,000/- towards loss of consortium of the widow is awarded with interest @ 7.5% on the enhanced amount of compensation. 8. The appeal is thus, partly allowed. 9. The total amount awarded shall be apportioned amongst the claimants in the ratio of 20% to the widow; 40% to the minor daughter; and 40% to the unmarried sister of the deceased. The share of the widow shall be released forthwith to her. The entire share of the minor daughter shall be deposited in a nationalized bank at the choice of the Tribunal till she attains majority. The interest accruing thereon shall be permitted to be withdrawn to maintain the minor daughter till she attains majority. The unmarried sister shall be permitted to withdraw half of the award amount and the remaining amount shall be deposited in one of the nationalized banks at the choice of the Tribunal. The interest accruing thereon shall be permitted to be withdrawn by the unmarried sister towards her maintenance.