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1989 Supreme(Del) 84

S.B.WAD
DELHI TRANSPORT CORPORATION – Appellant
Versus
KAMLESH ARORA – Respondent


Advocates Appeared:
Mamta Mehra, NANDITA CHANDRA, P.P.MALHOTRA, S.C.Dhanda, S.C.Rana

S. B. Wad

( 1 ) THIS is an appeal filed by the D. T. C. claiming that the compensation of Rs. 1,00,000. 00 awarded by the Tribunal is incorrect. There is a cross-appeal also claim- ing the enhancement of compensation. In the claim petition the claimants had claimed a sum of Rs. 9,97,844. 00 as compensation. The facts of the accident and the liability of the offending vehicle are not disputed. The question now is only of the quantum of compensation. The accident took place on 20. 9. 1971. The deceased was 35 years old at that time and was earning Rs. 1,158. 00 as an employee of Siemens India. The Tribunal held that the family dependency was to the extent of Rs. 800. 00 and applying the multiplier of 15 the Tribunal came to the conclusion that the claimants were entitled to a sum of Rs. 1,44,000. 00. The Tribunal thereafter made deductions to the extent ofrs. 44,000. 00 due to uncertainties and payment in lump sum. The counsel for the appellants could not convince me as to why the compensation should not be increased. The counsel for the claimants, on the other hand, submits that besides salary of Rs. 1,158. 00 the deceased was entitled to bonus, house rent allowance and similar benef


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