I have gone through the impugned judgment and award. In view of the guideline given in the case of “Sarla Verma Vrs. Delhi Transport Corporation & Anr.”, reported in 2009(6) S.C.C. 212, according to the number of dependents, deduction towards personal expenses of the deceased is to be decided. The number of dependents is five in the case at hand and therefore deduction towards personal expenses to be incurred by the deceased had he been alive, should have been made 1/4th from the income. If it is being done a sum of Rs.4,59,000/- shall become payable towards compensation. After deducting 25% towards contributory negligence a sum of Rs.3,44,000/- is required to be paid excluding payment towards funeral expenses as directed. It was pointed out that interim compensation of Rs.50,000/- has already been paid and, therefore, Rs. 2,94,000/- shall be the just and reasonable compensation excluding the amount directed to be paid on other heads. It is admitted case that no interest on the awarded amount from the date of filing of application till the date of award has been directed to be paid by the Tribunal. I feel inclined to allow the appeal in part and accordingly respondent no.4- Oriental Insurance Company Ltd. is directed to pay compensation to the extent of Rs. 2,94,000/- and funeral expenses as directed by the Tribunal with interest @ 6% to be calculated from the date of filing of the claim application till the date of the award. Additional compensation amount shall be paid to the claimant within 45 days from the date of this order failing compliance they shall be held liable to pay interest @ 8%.
