SUNITA & ORS. Vs. PAWAN KUMAR & ORS.

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.7,78,000/ -awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Appellants for the death of Promod Kumar who died in a motor vehicle accident which occurred on 15.07.1996. The deceased was working as a driver in Summerville School, Noida (U.P.). At the time of the accident he was getting a salary of Rs.3,016/ - per month which was retrospectively revised to Rs.4,000/ - per month from 01.01.1996 on account of implementation of the 5th Pay Commission.

(2.) IT is proved from PW2's testimony that the deceased was a confirmed employee with the Summerville School and was getting increments. Thus, the Appellants were entitled to an addition of 50% towards future prospects(as was granted by the Claims Tribunal). There were six dependents. The deduction on personal and living expenses has to be 1/4th instead of 1/3rd made by the Claims Tribunal.

(3.) KEEPING in view that the accident occurred in 1996, I would further award a sum of Rs.15,000/ - towards loss of love and affection and Rs.5,000/ - each towards loss of consortium, loss to estate and funeral expenses.