How compensation is pegged

June 23, 2013 02:42 am | Updated November 16, 2021 08:38 pm IST - CHENNAI:

How does the High Court calculate the compensation to be paid in cases of electrocution like the one for the family of the LIC officer ?

Going by Justice K.K.Sasidharan’s order, there are no guidelines under the Electricity Supply Code and related electricity regulations regarding calculation of compensation.

The Motor Vehicles Act contains detailed provisions including structured formula to arrive at compensation. The present petition should be decided in the light of such structured formula as interpreted by the Supreme Court.

In the present case, Selvaraj was an Administrative Officer in LIC and was aged 52. He was entitled to get a salary hike in view of promotional avenues. The petitioner lost the company of her husband. The children also lost the company of their father.

Citing the Supreme Court’s decision in Sarala Verma vs Delhi Transport Corporation, Mr.Justice Sasidharan said Selvaraj was getting a monthly salary of Rs.48,452 and the income tax per month would be Rs.4,000. So the annual income would be nearly Rs.5.33 lakh. After deducting one-fourth towards the victim’s personal expenses, the available income to the family would be Rs.four lakh.

In a separate case, the Supreme Court adopted the multiplier of 11 to award compensation to the legal representative of a person who died at the age of 52. If the multiplier of 11 was taken, the total sum would be Rs.44 lakh. The petitioner was entitled to Rs.10,000 as loss of consortium and the four children Rs.10,000 each towards loss of love and affection. The petitioner was entitled to Rs.5,000 as funeral expenses.

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