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2016 Supreme(Del) 474

R.K.GAUBA
TASLIM PARVIN – Appellant
Versus
JUGENDRA SINGH – Respondent


Advocate Appeared:
Ms. Rupika Singh and Mr. Navneet Goyal, Advocates.
Mr. Amit Gaur, Advocate.

JUDGMENT :

R.K. GAUBA, J.

1. The appellants were claimants in MACT Case No. 94 of 2013 which was decided by the motor accident claims tribunal (the tribunal) by a common judgment dated 28.09.2015 awarding compensation in the sum of Rs. 6,12,430/- on account of death of Sarfaraz. The appellant no. 1 is the mother of the deceased while appellant no. 2 is his sister. The deceased was 19 years old at the time of death in the motor vehicular accident that occurred on 10.04.2012. It was claimed that he was gainfully employed as scrap dealer earning Rs. 10,000/- per month. No proof of income was adduced. The tribunal took note of the fact that the deceased was residing in Baghpat, Uttar Pradesh and in absence of any proof that he was working for gain anywhere else, it assumed the notional income having regard to the minimum wages payable in the State of U.P. Taking note of the fact that the first appellant, the mother, was 39 years old at the time of the death, the multiplier of 15 was applied to work out the loss of dependency.

2. The appellants are aggrieved on the grounds that the notional income should have been assessed on the basis of minimum wages payable in the Union Territory of D







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