JUDGMENT Mr. Jitendra Chauhan, J.:- Application for condonation of delay Despite sufficient opportunity, no reply has been filed by the respondents. Keeping in view the averments made in the application, the same is allowed. The delay of 20 days in filing the instant appeal is hereby condoned. Main Appeal The present appeal has been filed by the claimantappellants, seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Ambala (for short ‘the Tribunal’), vide award dated 3.10.2011, on account of death of Sohan Lal, in a motor vehicular accident. 2. Learned counsel for the appellants submits that the learned Tribunal erred in making the deduction to the extent of 1/4th instead of 1/5th in view of the fact that the claimants are seven in number. He further submits that the amount awarded towards funeral and last rites; and loss of consortium is also inadequate. No amount has been awarded towards loss of love, care and guidance to the children. 3. Despite service, none caused representation on behalf of the Insurance Company. 4. I have heard the learned counsel for the appellants and perused the record carefully. 5. It is not disputed that the death of Sohan Lal occurred due to the injuries suffered by him in a road accident. He was 52 years of age and left behind seven dependents i.e. widow, two marriageable daughters, two sons and old parents. In Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, [2009(3) Law Herald (SC) 2107] : 2009(3) RCR (Civil) 77, the Hon’ble Supreme Court has observed as under:- 14. Though in some cases the deduction to be made towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra, the general practice is to apply standardized deductions. Having considered several subsequent decisions of this court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of the deceased, should be onethird (1/3rd) where the number of dependent family members is 2 to 3, one-fourth (1/4th) where the number of dependent family members is 4 to 6, and one-fifth (1/5th) where the number of dependent family members exceed six. 6. In view of the same, in the present case, the deduction of 1/5th should be applied. Ordered accordingly. 7. The untimely death of Sohan Lal was a great shock to his family.
6. In view of the same, in the present case, the deduction of 1/5th should be applied. Ordered accordingly. 7. The untimely death of Sohan Lal was a great shock to his family. He was the sole bread earner of the family. As is evident from the record, no amount has been awarded towards loss of love, care and guidance to the minor children. This Court feels that the amount awarded towards loss of consortium and funeral and last rites expenses is also inadequate. Keeping in view the judgment rendered by the Hon’ble Supreme Court in Vimal Kanwar and others vs. Kishore Dan and others, [2013(3) Law Herald (SC) 2154] : (2013-3) PLR 776, the compensation under the following heads is allowed/ enhanced, which would meet the ends of justice:- ----------------------------------------------------------------------------------------------------------------------------------------- S.No. Heads From To ----------------------------------------------------------------------------------------------------------------------------------------- 1. Loss of consortium and estate payable to the widow Rs.15,000/- Rs.1,00,000/- 2. Funeral and last rites expenses enhanced Rs.5,000/- Rs.15,000/- 3. Loss of love, care and guidance to the minor children Rs.1,00,000/- 4. Loss of love and affection payable to the mother, if alive Rs.1,00,000/- ----------------------------------------------------------------------------------------------------------------------------------------- 8. Accordingly, the total compensation comes to Rs.7,37,400/-( 4000 (monthly income) – 1/5th (deduction towards personal expenses of the deceased) x 12 x 11 (multiplier)+ 1,00,000 (loss of consortium including already granted) + 15,000 (funeral and last rites including already granted) + 1,00,000 (Loss of love, care and guidance to the children) + 1,00,000 (loss of love and affection to the wife). The balance enhanced amount i.e.Rs.3,21,400/- (7,37,400 -4,16,000/- already awarded under loss of dependency) shall be paid to the claimant-appellants, in the manner indicated in the impugned Award, within a period of 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellants shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation. 9. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent. ---------0.B.S.0------------