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, Signature Not Verified Digitally signed by

it comes to Rs.6,540/-. After deducting 1/4 th towards the personal NARENDRA PRASAD Date: 2017.09.16 14:45:02 IST Reason:

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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