Prima facie, the amount awarded by the Tribunal is on lower side. From the record it is clear that the Tribunal has not calculated the income of the deceased as the per ratio laid down by the Apex Court in the case of Sarla Dixit and Another Vs. Balwant Yadav and Another reported in (1996) 3 SCC 179. Even if the Rs.3700/- is considered as monthly income of the deceased. As per the said decision, the monthly dependency comes to Rs.5500/-. Further, the Tribunal ought to have deducted ¼ amount instead of 1/3, as the claimants are five in number. The multiplier of 15 adopted by the Tribunal is also on lower side, it should be 16.
However learned advocate for the respondents is not present. In the interest of justice, as a last chance, S.O. to 8th May, 2012.
It is made clear that if on the next date of hearing learned advocate for the respondents is not present, the matter shall be decided exparte.
(K.S.JHAVERI,J.) pawan Top