JUDGMENT

G. P. Mittal, J. (ORAL)

1. The Appeal is for reduction of compensation of Rs. 11,98,180/- awarded for the death of Santosh Kumar who died in an accident which occurred on 28.11.2008.

2. The finding on negligence is not challenged by the Appellant Insurance Company. The only ground of challenge is the assumed income taken by the Claims Tribunal with an addition of 50% in the minimum wages of an unskilled worker.

3. During inquiry before the Claims Tribunal, it was claimed that the deceased Santosh Kumar was running a shop dealing in sale and repair of mobile phones.

4. In the absence of any documentary evidence with regard to the deceased's employment, the Claims Tribunal took the minimum wages of an unskilled worker i.e. Rs.3683/- per month, added 50% towards inflation, deducted 1/4th towards the personal and living expenses and adopted the multiplier of 17 to compute the loss of dependency as Rs. 8,45,376/-.

5. In Dhaneshwari & Another v. Tajeshwar Singh & Others, MAC. APP 997/2011 decided on 19.3.2012, after noticing the Judgments of this Court in Smt. Anari Devi v. Shri Tilak Raj & Anr., II (2004) ACC 739; (2005 ACJ 1397); National Insurance Co. Ltd. v. P