Anita And Others vs Arun Yadav And Others
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 11115 OF 2017
ANITA AND OTHERS ... APPELLANT (S)
VERSUS
ARUN YADAV AND OTHERS ... RESPONDENT (S)
JUDGMENT
KURIAN, J.:
The only grievance of the appellants is on the computation of
income. Learned Counsel for the appellant submits that there was
no dispute that the deceased was a driver and yet the income that is
taken by the Tribunal as well as the High Court is Rs.4,200/-.
2. Learned Counsel appearing for the Insurance Company has
brought to our notice the notification issued by the Government of
Haryana, Labour Department, where a skilled person in Category ‘B’
has been granted minimum wages to the tune of Rs.4,360/-. A driver
is not a semi-skilled person but a skilled person. Therefore, in any
case, we are of the view that the income should have been assessed
at Rs.4,360/- per month. Adding 50 per cent for the future prospects,
it comes to Rs.6,540/-. After deducting 1/4 th towards the personal NARENDRA PRASAD
expenses, what would have been saved to the estate would be
1 Rs.4,905/- per month. Taking the undisputed multiplier of 18, the
amount comes to Rs.10,59,480/-
3. The High Court has rightly awarded Rs 1,00,000/- towards loss
of consortium to the widow. The two minor daughters will be entitled
to Rs 1,00,000/- each, i.e., Rs. 2,00,000/- and the mother and father
get Rs. 50,000/- each, i.e., Rs 1,00,000/-, on account of loss of love
and affection. The transportation expenses awarded by the High
Court to the tune of Rs 10,000/- is maintained. Towards funeral
expenses, the appellant shall be entitled to Rs 25,000/-. The
appellant shall also be entitled to litigation costs to the tune of Rs
50,000/-. Thus, the appellant will get a total compensation of Rs
15,44,480/- with interest at the rate of 9 per cent per annum from
the date of filing of the Claim Petition.
4. The Appeal is allowed to the above extent. Pending
applications, if any, shall stand disposed of.
5. There shall be no order as to costs.
.......................J. (KURIAN JOSEPH)
.……………………J. (R. BANUMATHI) New Delhi;
SEPTEMBER 7, 2017.
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