M. Jeyapaul, J.@mdashThe parents of Rakesh Singh, aged 20 years, who died in the motor accident are the appellants herein. They challenged
the quantum of compensation arrived at by the Tribunal on the ground that the Tribunal had simply awarded a lum-sum amount of Rs. 2 lacs
without considering the earning capacity and the future prospects of the bachelor, who died in the accident. Heard the submission made on either
side.
2. It is the admitted case that the deceased Rakesh Singh died at the age of 20 years. By that time he had completed his 12th class. Though, there
was some projection on the side of the parents that he was pursuing Hotel Management there was no evidence to establish it and as a result of
which the Tribunal rejected the contention that he was pursuing Hotel Management at the time of his death. But the fact remains that he was a
bachelor who passed 12th class.
3. The parents are the sole claimants. The mother of the deceased was 45 years old. The Tribunal has notionally arrived at the earning capacity of
the deceased and calculated the quantum of compensation applying the multiplier based on the age of the mother. Unfortunately no compensation
was awarded towards loss of estate, transportation charges and funeral expenses. It is quite safe to take the bare minimum income of the deceased
at Rs. 3000/- per month in the year 2006 when the accident took place.
4. In view of the above a sum of Rs. 3,78,000/- (3000+50% thereof=4500-50% thereof=2250 x 12=27,000 x 14=3,78,000/-) towards loss of
dependency, Rs. 5,000/- towards loss of estate, Rs. 5,000/- towards transportation charges and Rs. 5,000/- towards funeral expenses
aggregating to Rs. 3,93,000/- with interest @ 6% per annum for the enhanced amount from the date of petition till realisation is awarded. Out of
the total amount of compensation awarded, the mother of the deceased is entitled to Rs. 2,93,000/- and the father of the deceased is entitled to
Rs. 1 lakh. The appeal is allowed in part in the aforesaid terms.
