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2017 Supreme(SC) 1359
SUPREME COURT OF INDIA
Kurian Joseph, R. Banumathi, JJ.
Anita and Others - Appellants
Versus
Arun Yadav and Others – Respondents
Civil Appeal No. 11115 of 2017
Decided On : 07-09-2017
For the Appellant :Prasanna Mohan, Kunal Verma, Advocates.
For the Respondent:Ms. Prerna Mehta, Dr. M.S. Verma, N.N. Jha, Ms. Shashi Singh, Ms. Maccika Gautam, Ms. Ranjana Vohra, Mrs. Santosh Singh, Advocates.
The court considered the classification of the deceased as a skilled person and adjusted the assessed income and compensation based on government notifications on minimum wages.
Headnote:
Income Computation - Skilled Person - Assessment of Income and Compensation
Fact of the Case:
The appellants contested the computation of income, arguing that the deceased, a driver, should have had a higher assessed income based on government notifications.
Finding of the Court:
The court found that the deceased, being a skilled person, should have had a higher assessed income, and accordingly adjusted the compensation awarded by the High Court.
Issues: Dispute over the computation of income and compensation for the deceased driver.
Ratio Decidendi: The court considered the government notification on minimum wages for skilled persons and adjusted the assessed income and compensation accordingly.
Final Decision: The appeal was allowed, and the appellant was awarded 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.
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, it comes to Rs.6,540/-. After deducting 1/4th towards the personal expenses, what would have been saved to the estate would be 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.
