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2016 DIGILAW 426 (JK)

Krishan Lal & Ors. v. Som Raj & Ors.

2016-08-11

RAMALINGAM SUDHAKAR

body2016
JUDGMENT 1. This appeal is of the year 2008. 2. Appellants/claimants seek modification of the award on the ground that for determining the pecuniary loss, the Tribunal fixed the loss of dependency at 1/3rd whereas it should be one-half. 3. Here is a case of death of a 19 year old bachelor - a conductor by vocation. The income of the deceased was fixed at Rs. 3,000/- and the Tribunal erroneously fixed the dependency at 1/3rd in respect of the parents and unmarried sister. Due to this error, adopting the multiplier of 15, lesser award of Rs. 1,90,000/- was granted. Furthermore, no amount has been granted for loss of love and affection and meager amount has been granted for funeral expenses and allied services. 4. Taking note of the above, the appeal stands allowed and the compensation stands enhanced in the following manner: Rs. 3000 ÷ 2 = Rs. 1500/- Rs. 1500 x 12 =Rs. 18,000/- Rs. 18,000 x 15 = Rs. 2,70,000/- Loss of dependencyRs. 2,70,000/- Funeral and allied expensesRs. 15,000/- Loss of love and affection to the parentsRs. 10,000/- each Loss of love and affection to the sisterRs. 10,000/- TotalRs. 3,15,000/- The appellants shall be entitled to enhanced award along with interest @ 7% per annum as awarded by the Tribunal. 5. Appeal stands allowed.