Deceased Driver holding licence of H.M.V. – Minimum wages taken at Rs. 9,000/- -- Deceased was 25 years of age and was a matriculate, working as a driver with a valid license for driving heavy motor vehicles -- A driver in Himachal Pradesh on an average earns Rs.9,000/- p.m. as per Minimum Wages Act -- Courts below have failed to take judicial notice of the same and the fact that the post of a driver is a skilled job -- Gross monthly income of the deceased taken at Rs.9,000/- p.m., i.e. Rs.1,08,000/- p.a. -- On deduction of 20% towards income tax, the net income comes to Rs.86,400/- p.a. -- Further, deducting 1/3rd towards personal expenses and applying the appropriate multiplier of 18, the loss of dependency is calculated at Rs.10,36,800/- -- Further Rs.1,00,000/- towards loss of consortium, Rs.25,000/- towards funeral expenses and Rs.1,00,000/- to each minor child of the deceased towards loss of love and affection awarded -- Wife also awarded Rs.1,00,000/- towards loss of estate – Total compensation is payable alongwith 9% p.a. from the date of filing of the application till the date of payment.
(SC) Decided on: 31.10.2014
