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Smt. Rajesh And Others vs Rajbir Singh And Others on 29 January, 2010

16. On the plea of enhancement of compensation, under the heads, loss of love and affection, claimed in C.M.A.Nos.1703 and 1704 of 2017, filed by the claimants, this Court is of the view that loss of love and affection cannot be measured in terms of money. However, compensation should be just and reasonable. Rs.50,000/- awarded for loss of love and affection to the children and aged parents, in both M.C.O.P.Nos.3880 and 3881 of 2014, is inadequate and hence, taking note of the decision in Rajesh's case (cited supra), this Court is inclined to enhance the same to Rs.1,00,000/- each, to the minor children, under the said head. At the time of accident, father of the deceased in M.C.O.P.No.3880 of 2014 was aged 65 years and mother of the deceased in M.C.O.P.No.3881 of 2014 was aged 60 years. Having regard to the above, Rs.50,000/- each is awarded to the aged parents in both the cases. As rightly pointed out, there is no compensation for loss of estate and for other conventional damages. In addition to the above, this Court is inclined to award Rs.10,000/- towards loss of estate, Rs.10,000/- for transportation and Rs.2,000/- for damages to clothes, in each case.
Punjab-Haryana High Court Cites 4 - Cited by 5161 - R Bindal - Full Document

Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009

Following the decision in Sarla Verma v. Delhi Transport Corporation Ltd., reported in 2009 ACJ 1298 SC, the Claims Tribunal applied '16' multiplier, applicable for the age group of persons, between 31 and 35 years. Considering the number of dependants, the Tribunal has deducted 1/4th towards personal and living expenses of the deceased and after applying '16' multiplier, computed the loss of contribution to the family as Rs.19,44,000/- [Rs.13,500/- x 12 x 16 x =]. That apart, the Claims Tribunal has awarded Rs.50,000/- towards loss of consortium, Rs.50,000/- for loss of love and affection, Rs.25,000/- towards funeral expenses and Rs.5,000/- towards transportation. Altogether, the Claims Tribunal has awarded Rs.20,74,000/- with interest at the rate of 7.5% per annum, from the date of claim, till deposit.
Supreme Court of India Cites 12 - Cited by 20141 - R V Raveendran - Full Document

Valli vs Tamilnadu State Transport Corporation on 8 April, 2010

12. As regards nature of avocation, income earned by a skilled person, or even a labourer, cannot be static, considering the price index, inflation and such other factors, that are taken into consideration, for computing the compensation. Moreover, periodical revision of wages, is being done by the Government, even for daily rated employees. On the aspect that no document has been produced, this Court deems it fit to consider a decision of this Court in Valli v. Tamil Nadu State Transport Corporation, Vellore reported in 2010 (2) TNMAC 154, wherein, this Court held that, Though the deceased was stated to be a mason, no document has been filed to prove the same. However, this Court is of the view that to expect documentary proof from small traders, self-employed skilled workers, construction workers, cannot be justified. All construction workers are not engaged by contractors or builders and during the relevant period, there was no chance for a skilled worker, to register himself with any agency or board. Having regard to the avocation of the deceased, electrician in respect of M.C.O.P.No.3880 of 2014 and auto-driver in respect of M.C.O.P.No.3881 of 2014 and for the reasons, stated supra, this Court is not inclined to reduce the income fixed by the claimant.
Madras High Court Cites 9 - Cited by 7 - S Manikumar - Full Document
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