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2016 DIGILAW 1961 (PNJ)

Meela v. Partap Singh

2016-08-05

DARSHAN SINGH

body2016
JUDGMENT : DARSHAN SINGH, J. 1. The present appeal has been preferred by the appellant-claimant against the award dated 25.02.2013, passed by the learned Motor Accidents Claims Tribunal, Panipat (hereinafter called the “Tribunal”) vide which the appellant-claimant has been awarded a sum of Rs.3,86,000/- as compensation on account of death of her son Arun as a result of injuries suffered by him in the motor vehicular accident, which took place on 14.09.2011. 2. The present appeal has been preferred by the appellant claimant for enhancement of amount of compensation. 3. Learned counsel appearing for the appellant-claimant contended that the deceased was 20 years of age and used to do photo frame work and earned handsomely. The learned Tribunal has assessed the monthly income of the deceased to be Rs.4500/- per month but the learned Tribunal has not awarded any future prospects to the income of the deceased. Very less amount towards loss of love and affection of her son has been awarded to the appellant. Less amount has been awarded towards funeral expenses. 4. On the other hand, learned counsel appearing for the respondent-Insurance Company contended that learned Tribunal has awarded the compensation while treating the deceased to be a labourer and, therefore, no future prospects could have been added to his income. The compensation has been adequately awarded under the other conventional heads. Thus, he contended that there is no scope of any further enhancement in the amount of compensation. 5. I have duly considered the aforesaid contentions and found considerable substance in the contentions raised by learned counsel for the appellants-claimants. 6. The learned Tribunal, while holding that the deceased could certainly do some better work than a casual labourer and could earn some more amount, has determined the income of the deceased to be Rs.4500/- per month. The learned Tribunal should also have awarded the future prospects towards the income of the deceased. Deceased Arun was 20 years of age. So, 50% of his income shall be added towards future prospects. The total income comes to Rs.6750/- per month i.e. Rs.81,000/- per annum. The learned Tribunal has rightly deducted 50% of the income of the deceased towards his personal and living expenses as the deceased was a bachelor and claimant is his mother. So, 50% of the income of the deceased is to be deducted towards his living and personal expenses. The remainder comes to Rs.40,500/-. 7. The learned Tribunal has rightly deducted 50% of the income of the deceased towards his personal and living expenses as the deceased was a bachelor and claimant is his mother. So, 50% of the income of the deceased is to be deducted towards his living and personal expenses. The remainder comes to Rs.40,500/-. 7. The learned Tribunal has applied the multiplier as per the age of the claimant. The Hon'ble Apex Court has applied the multiplier as per the age of the deceased in case Munna Lal Jain and another Vs. Vipin Kumar Sharma and others, 2015 (3) PLR 304. Thus, keeping in view the age of the deceased, the multiplier of 18 shall be applicable. Thus, the loss of dependency comes to Rs.7,29,000/-. 8. Learned Tribunal has awarded a sum of Rs.10,000/- to the claimant towards loss of love and affection of her son, which is highly inadequate. The claimant shall be entitled to Rs.1,00,000/- towards loss of love and affection of her son. Learned Tribunal has rightly awarded a sum of Rs.25,000/- (15,000+10,000) towards funeral and transportation charges. Total amount of compensation payable to the claimants comes to Rs.8,54,000/- (7,29,000+1,00,000+25,000). 9. Thus, keeping in view my aforesaid discussion, the present appeal is hereby partly allowed. The amount of compensation payable to appellant-claimant is enhanced to Rs.8,54,000/- from Rs.3,86,000/- as awarded by the Tribunal. The appellant-claimant shall also be entitled to interest on the enhanced amount from the date of filing the petition till realisation at the rate as determined by the learned Tribunal. The liability to pay the enhanced amount shall remain as determined by the learned Tribunal in the main award.