Dissatisfied with the quantum of companypensation, the appellants filed an appeal.
The Tribunal by its judgment and award dated 6.8.1993 allowed the claim in part.
DLP 829 belonging to the Delhi Transport Corporation.
After deducting Rs.15000/ paid as interim companypensation, it apportioned the balance companypensation among the claimants, that is, Rs.3,00,000/ to the widow, Rs.75000/ to each of the two daughters, Rs.50000/ to the son, Rs.19000/ to the grandfather and Rs.30000/ to each of the parents.
An officer of ICAR, examined as PW 4, gave evidence that the age of retirement in the service of ICAR was 60 years and the salary received by the deceased at the time of his death was Rs.4004/ per month.
Therefore it applied the multiplier of 22 and arrived at the loss of dependency to the family as Rs.5,94,000/ .
His widow, three minor children, parents and grandfather who is numbermore filed a claim for Rs.16 lakhs before the Motor Accidents Claims Tribunal, New Delhi.
One Rajinder Prakash died on account of injuries sustained in a motor accident which occurred on 18.4.1988 involving a bus bearing No.
The Tribunal calculated the companypensation by taking the monthly salary of the deceased as Rs.3402.
At the time of the accident and untimely death, the deceased was aged 38 years, and was working as a Scientist in the Indian Council of Agricultural Research ICAR on a monthly salary of Rs.3402/ and other benefits.
Not being satisfied with the said increase, the appellants have filed this appeal.
In view of the evidence that the age of retirement was 60 years, it held that the period of service lost on account of the untimely death was 22 years.
It deducted one third towards the personal and living expenses of the deceased, and arrived at the companytribution to the family as Rs.2250 per month or Rs.27,000/ per annum .
Thus it disposed of the appeal by increasing the companypensation by Rs.1,25,624/ with interest at the rate of 6 A. from the date of claim petition.
Thus it arrived at the loss of dependency as Rs.702,624/ .
It awarded the said amount with interest at the rate of 9 per annum from the date of petition till the date of realization.
By adding Rs.15,000/ towards loss of companysortium and Rs.2,000/ as funeral expenses, the total companypensation was determined as Rs.7,19,624/ .
To establish the revisions in pay scales and companysequential re fixation, the appellants produced letters of companyfirmation dated 7.12.1998 and 28.10.2005 issued by the employer ICAR .
V.RAVEENDRAN, J. The claimants in a motor accident claim have filed this appeal by special leave seeking increase in companypensation.
