RAJIV BALI Vs. NARENDER KUMAR

JUDGEMENT

(1.) The appellant in M.A.C. Appeal No. 368 of 2009 has challenged the impugned award whereby compensation of Rs. 1,22,500 has been awarded to claimants-respondent Nos. 1 to 3. Respondent Nos. 1 to 3 filed cross-appeal bearing M.A.C. Appeal No. 387 of 2009 seeking enhancement of the award amount.

(2.) The accident dated 9.4.2005 resulted in the death of Jai Devi. The deceased was survived by her three sons, who filed the claim petition before the Claims Tribunal. The deceased was aged 54 years at the time of the accident. As per post-mortem report, the age of the deceased was 62 years. The learned Tribunal took the age of the deceased as 60 years. The learned Tribunal took income of the deceased as Rs. 25,000 per annum, deducted half towards her personal expenses and applied multiplier of 9 to compute the loss of dependency at Rs. 1,12,500. Rs. 5,000 was awarded for Joss to the estate and Rs. 5,000 for funeral expenses. The total compensation awarded is Rs. 1,22,500.

(3.) The appellant in M.A.C. Appeal No. 368 of 2009 has urged following grounds at the time of hearing of the appeal: