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

14. I find that compensation for loss of dependency has been calculated by the Tribunal taking into consideration right parameters. The Tribunal considered the income of the deceased as per Minimum Wages Act, of an unskilled person. The Tribunal deducted 1/4th towards own expenses looking into the fact that the deceased left behind a wife, two children and parents as dependents. The Tribunal applied a multiplier of 17 as the age of deceased was 30 years on the date of accident. However, the Tribunal awarded Rs. 50,000/- for loss of consortium which is not in conformity with the decision of Supreme Court in Sarla Varma & Ors. vs. Delhi Transport Corporation & Anr.; (2009) 6 SCC 121 . The Tribunal awarded another Rs. 50,000/- towards loss of Estate, Love & Affection. I consider that amount MAC 290 of 2009 Page 9 of 10 of Rs. 10,000/- for loss of consortium for wife, Rs. 10,000/- for loss of Estate and Rs. 10,000/- for loss of Love & Affection would be just amount. I, therefore, modify the award & the total compensation in this case should have been Rs. 4,94,343/- + Rs. 10,000/- + Rs. 10,000/- + Rs. 10,000/- = Rs. 5,24,343/-
Supreme Court of India Cites 12 - Cited by 20141 - R V Raveendran - Full Document
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