J.R.MIDHA
PRAKASH – Appellant
Versus
ARUN KUMAR SAINI – Respondent
1. This appeal involves a important question as to whether an unborn child in womb should be considered at par with a minor child.
2. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.6,11,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount.
3. The accident dated 8th June, 2008 resulted in the death of Indu Devi. The deceased was survived by her husband and two children who filed the claim petition before the learned Tribunal.
4. The deceased was aged 25 years at the time of the accident. The deceased was a housewife. It was claimed that the deceased was also working as a housemaid and was earning Rs.5,500/- to Rs.6,000/- per month. However, in the absence of any documentary proof of occupation and income, the learned Tribunal took the deceased to be a housewife and the value of her services was taken as Rs.3,000/- per month and the multiplier of 16 was applied to compute the loss of dependency at Rs.5,76,000/-. Rs.10,000/- has been awarded for loss of consortium, Rs.20,000/- towards loss of love and affection and Rs.5,000/- towards funeral expenses. The total compensation awarded
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