Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
22. Jitender Kumar was 25 years old at the time of his death. As it
has been already observed, loss of dependency in this case needs to be
calculated on the basis of minimum wages of `3964/- per month. The
claimants in this case are parents of the deceased. The tribunal
apparently committed an error by mentioning the age of father as 55
MACA Nos. 510/2012, 734/2012, 741/2012 & 827/2012 Page 10 of 14
years and age of mother as 53 years and on that basis adopted multiplier
of 11. Copies of voter ID cards on record instead show the age of the
father and the mother, at the relevant time, as 51 and 45 years
respectively. Taking the average of 48 years, the multiplier of 13 should
have been adopted in order to compute the loss of dependency [Sarla
Verma (supra)]. The deceased was a bachelor and, thus, fifty percent
(50%) of the income is to be deducted towards his personal and living
expenses. The monthly loss of dependency, therefore, comes to
`1,982/-. The total loss of dependency comes to (1,982x12x13)
`3,09,192/-. Adding the non-pecuniary damages in the composite sum
of `1,50,000/- on the same lines as mentioned in the case of Pramod Pal
above, the total compensation comes to `4,59,192/- or rounded off to
`4,60,000/-.