REENA Vs. SATAYWAN

JUDGEMENT

(1.) The parties have challenged the impugned award whereby the Claims Tribunal has awarded Rs.11,10,000/- to the claimants. The appellant in MAC.APP.No.270/2007 seeks enhancement of the award amount whereas the appellant in MAC.APP.No.288/2007 seeks reduction of the award amount.

(2.) The accident dated 1st July, 1999 resulted in the death of Anand Singh. The deceased was survived by his widow and parents. The widow of the deceased re-married after two years of the death of the deceased but the second husband also died after sometime. The widow of the deceased filed the claim petition and impleaded the parents as the respondents therein. The deceased was aged 26 years at the time of the accident and was running the business of building material earning Rs.15,000/- per month. The deceased was also having agricultural income. The deceased was claimed to be earning Rs.5,000/- per month from the business of agriculture. The Claims Tribunal took the income of the deceased as Rs.7,500/- per month, added 50% towards future prospects, deducted 1/3 rd towards personal expenses and applied the multiplier of 11 to compute the loss of dependency at Rs.9,90,000/-. Rs.25,000/- was awarded towards loss of consortium to the widow, Rs.10,000/- was awarded to each of the parents for loss of love and affection, Rs.10,000/- towards funeral expenses and Rs.65,000/- was awarded towards medical expenditure. The total compensation awarded is Rs. 11,10,000/-. Out of the total compensation awarded, Rs.4,25,000/- was awarded to the widow of the deceased, Rs.3,80,000/- was awarded to the father of the deceased and Rs.3,05,000/- was awarded to the mother of the deceased.

(3.) The appellant in MAC.APP.No.270/2007 seeks enhancement of the award amount on the ground that the multiplier be enhanced from 11 to 17 and the entire compensation be given to her.