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2015 DIGILAW 486 (UTT)

RITA DEVI v. KUSUM AGRAWAL

2015-10-05

SERVESH KUMAR GUPTA

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JUDGMENT Hon’ble Servesh Kumar Gupta, J. 1. Having heard learned counsel for the parties, it transpires that the deceased Mr. Vishwanath Mehto used to get Rs. 3,300/- per month from his employer in lieu of his services. 2. Claimants themselves have stated that out of such amount, deceased used to send Rs. 2,200/- per month in order to up-bring the members of his family. 3. Learned Trial Judge has determined the dependency to the tune of Rs. 2,400/- per month against the averments of the claimants, to which, this Court expresses disagreement. 4. The judgment has rightly been assailed by the appellants on the question of application of multiplier, which has been determined at the denomination “9” as against the precedent laid down by Hon’ble Apex Court in Smt. Sarala Verma’s Case indicating the applicability of the multiplier of denomination “17” in the death of all such persons, who are running between the age of 26 to 30 years. 5. In opinion of this Court, the application of multiplier “17” will not be proper for the reason that at the age of 30 years of the deceased (as has been disclosed by Smt. Rita Devi, the wife of the deceased), he was having three children, who were of the age of 8, 5 and 3 years and the age of his wife Smt. Rita Devi is 25 ½ years at that time. 6. So, the propriety demands to estimate the age of the deceased above 30 years. If, his age is taken above 30 years, then the applicability of multiplier “16” will be of proper denomination. 7. This way, total amount of compensation comes to Rs. 2,200 x 12 = 26,400 x 16 = 4,22,400/- instead of Rs. 2,59,200/-. Rest of the amount of Rs. 15,000/-, Rs. 5,000/-, Rs. 2,000/- and Rs. 2,500/- in different other scores shall remain intact. 8. This appeal is allowed to the effect that instead of total amount of compensation Rs. 2,83,700/-, as determined by the Tribunal, shall be Rs. 4,46,900/- and such amount shall be distributed to all the dependants of the deceased, as per their respective shares and directions, issued by the Tribunal.