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2021 Supreme(Del) 2175

J. R. MIDHA
Sukhdev Prasad – Appellant
Versus
Sunil Kumar (iffco Tokio General Insurance Co. Ltd. ) – Respondent


Advocates appeared:
Rajesh Dabas, Advocate, A.K. Soni, Advocate, Pavan Kumar Vashishth, Advocate

JUDGMENT

J.R. Midha, J. - The petitioner has challenged the award dated 02nd August, 2018 passed by the Claims Tribunal whereby the Claims Tribunal awarded compensation of Rs.4,49,004.48 along with interest @ 9% per annum to the appellant.

2. The accident dated 16th April, 2016 resulted in death of Avdhesh Kumar. The deceased was aged 25 years at the time of accident and was survived by his father who claimed compensation. According to the claimant, the deceased was earning Rs.15,000/- per month. However, in the absence of any documentary proof of income, the Claims Tribunal took the minimum wages of Rs.9,568/- per month as income of the deceased, added 40% towards future prospects and deducted 85% towards personal expenses. The Claims Tribunal awarded 15% towards loss to the estate to the appellant on the ground that the father was not dependent upon the deceased. The Claims Tribunal assessed the loss of estate as Rs.4,34,004.48. The Claims Tribunal awarded Rs.15,000/- towards funeral expenses. The total compensation is Rs.4,49,004.48 along with interest @ 9% per annum.

3. Learned counsel for the appellant submits that the appellant was dependent upon the deceased and entitled to los

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