JUDGMENT : Ramalingam Sudhakar, J. It is a case of fatal accident. 2. Claimants have filed appeal challenging the award passed by MACT Rajouri seeking enhancement of the awarded amount. 3. Accident in this case happened on 16-5-2007. Abdul Aziz 25 years old bachelor, serving as Rehabar-e-taleem teacher was travelling in an auto-rickshaw. The driver of the auto-rickshaw drove the said vehicle in rash and negligent manner and it turned turtle due to which Abdul Aziz suffered grievous injuries. He was shifted to Government Medical College Jammu where he was admitted for 17 days but medical treatment failed and he succumbed to injuries and died. On the death of the deceased bachelor, father aged 60 years, mother aged 50 years and two major brothers are the claimants. They filed claim petition before the Tribunal and pleaded that the income of the deceased was Rs. 8000/- per month the Tribunal fixed the income of the deceased at Rs. 4000/- and by adopting 17 multiplier and after making deduction of 1/2nd towards the personal expenses following award was granted : Loss of dependency Rs. 4,08,000/- For funeral expenses Rs. 5000/- Loss of estate Rs. 5000/- Total Rs. 4,18,000/- with interest @ 7.5% per annum. 4. In appeal it is pleaded that 50% of future prospectus should have been awarded and multiplier of 18 should have been adopted. Meager amount has been granted for funeral expenses and no amount has been granted for transportation charges, attendant and medical charges because the deceased was admitted in hospital for 17 days. 5. Heard Mr. A. A. Khan, learned counsel appearing for the appellants-claimants as also Mr. Jugal Kishor, learned counsel for the respondent-Insurance Company who states that even assuming that the future prospectus was not considered by the Tribunal but the income of the deceased was only Rs. 2500/- whereas Tribunal fixed the income at Rs. 4000/- and, therefore, the plea of future prospectus raised by the appellant has been appropriately considered by the Tribunal as well while fixing the income of the deceased at higher side. 6. Insofar as multiplier is concerned, it is pleaded that 17 multiplier is correct because the claimants have shown the age of the deceased as 30 years and the Tribunal has taken the slab of age group of persons belonging to 25-30 years.
6. Insofar as multiplier is concerned, it is pleaded that 17 multiplier is correct because the claimants have shown the age of the deceased as 30 years and the Tribunal has taken the slab of age group of persons belonging to 25-30 years. For the purpose of computing the multiplier, there is no documentary evidence placed on record to determine the actual age of the deceased which could have been placed as the deceased was an employee working as Rehabar-e-taleem Teacher. In this view of the matter, there is no question of increasing the multiplier. 7. However, considering the fact that the deceased in this case was serving as Rehbare-e-taleem teacher and was supporting his aged parents, no amount has been granted for loss and love and affection to the parents as also to the two brothers. Hence, an amount of Rs. 25,000/- each is granted to mother and father for loss of love and affection and Rs. 20,000/- each to the two brothers for the loss of love and affection on account of death of their brother. Funeral expenses are enhanced to Rs. 10,000/- and Rs. 7500/- is granted for transportation charges of the dead person as the deceased was in hospital for 17 days where after he died. 8. Insofar as medical treatment is concerned, the Tribunal was correct in declining to grant any amount under this head in absence of any proper material on record. The enhanced award is as follows : S. No. Heads Award of Tribunal Modified award 1. For loss of dependency Confirmed Rs. 4,08,000/- Rs. 4,08,000/- 2. For funeral expenses Rs. 5000/- Rs. 10,000/- 3. For Loss of estate Confirmed Rs. 5000/- Rs. 5000/- 4. For loss of love and affection to the parents (Rs. 25,000/- each) Nil Rs. 50,000/- 5. For loss of love and affection to the two brothers (Rs. 20,000/- each) Nil Rs. 40,000/- 6. For transportation charges Nil Rs. 7500/- Total Rs. 4,18,000/- Rs. 5,20,500/- 9. Appeal is allowed to the extent indicated above. The enhanced award shall suffer interest @ 7.5% per annum Insurance Company is directed to deposit the enhanced amount and the claimants are at liberty to withdraw the same on such deposit.