11.It is seen that the deceased was the entire caretaker
of the family having four dependents. Taking note of the above
submissions of the learned counsel for the appellants /
claimants, economic situation prevailing at that time and also
the facts and circumstances of the case, this Court is of the
considered view that the monthly income of the deceased has to
be taken as Rs.8,000/- instead of Rs.4,500/- fixed by the
Tribunal. There is no need to change the multiplier adopted by
the Tribunal, as the Tribunal has adopted '8' multiplier
considering the age of the deceased as 60 years, based upon the
Post Mortem Report. Further, the 1/3rd deduction made by the
Tribunal also does not require any interference. If Rs.8,000/-
is taken as the monthly income of the deceased and 1/3rd of the
amount is deducted and the multiplier of 8 is adopted, the loss
of income works out to Rs.5,12,000/-. Accordingly, the amount
awarded by the Tribunal towards permanent loss of income stands
modified to Rs.5,12,000/-. The Tribunal has awarded a sum of
Rs.10,000/- towards loss of consortium to the wife of the
deceased, Rs.10,000/- towards loss of love and affection to the
sons and daughter of the deceased, Rs.5,000/- towards funeral
expenses and Rs.2,000/- towards transport expenses. It would be
appropriate to award a sum of Rs.40,000/- towards loss of
consortium to the wife of the deceased, a sum of Rs.1,20,000/-
towards loss of love and affection to the sons and daughter of
the deceased (Rs.40,000/- x 3), a sum of Rs.15,000/- towards
funeral expenses and a sum of Rs.10,000/- towards transport
expenses. Further, it would also be appropriate to award a sum
of Rs.15,000/- towards loss of estate.
