K.KANNAN
RUPINDER SHARMA @ KOMAL SHARMA – Appellant
Versus
SPR. BASANT KUMAR – Respondent
K. Kannan, J.
The appeal is for enhancement of claim for compensation for death of a male, aged 35 years. He was said to be a typist, making a living at the Tehsil Complex. He died leaving behind his widow and 2 sons, both of whom were minor children of 8 and 5 years. The Tribunal took the income at Rs. 3,000/- per month, made a deduction of Rs. 1,000/- for his personal expenditure and applied a multiplier of 17 for assessing the loss of dependence at Rs.4,08,000/- inclusive all the conventional heads. The Tribunal, however, found that he had contributed to his own death by not wearing helmet, made a deduction of 20% for contributory negligence. The learned counsel states that he supported his family of 3 persons and considering-the fact that he died only in 2008, the Court must have accepted the evidence also through two witnesses who spoken to the fact that they have known him as a typist working in Tehsil Complex and used to earn Rs. 9,000/- per month. The counsel for the Union states that with no documentary evidence available, the Tribunal was justified in taking the income at Rs. 3,000/- and determined the compensation. He would also contend that the deceased had him
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