LALITA YADAV Vs. RAM BILAS

JUDGEMENT

(1.) The present appeal arises out of the award dated 2/8/2003 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 4,89,600/- along with interest @ 9% per annum to the claimants.

(2.) Sh. Prem Kumar Sharma, counsel for the appellants has assailed the said award on quantum of compensation. The counsel submitted that the tribunal has erroneously applied the multiplier of 12 while computing compensation when according to the facts and circumstances of the case multiplier of 15 should have been applied. It was urged by the counsel that the tribunal erred in not considering future prospects in the light of various decisions of the Hon'ble Apex court while computing compensation. It was also alleged by the counsel that the tribunal did not consider the fact that due to high rates of inflation the deceased would have earned much more in near future and the tribunal also failed in appreciating the fact that even the minimum wages are revised twice in a year and hence, the deceased would have earned much more in his life span. The counsel contended that the tribunal has erred in not awarding compensation towards loss of love and affection, funeral expenses, loss of estate, loss of consortium, mental pain and sufferings and the loss of services, which were being rendered by the deceased to the appellants.

(3.) In the instant case, it has come on record in the form of testimony of appellant No.1 as PW1 that her husband was working as a Head Constable with Delhi Police and was drawing a salary of Rs. 4,788/-pm. The same she proved via Ex. P2, which is a salary certificate for the month of May 1997. Thus, the tribunal assessed the income of the deceased as Rs. 4,788/- pm. But after considering the decision of the Apex Court in Sarla Dixit vs. Balwant Yadav, 1996 III ADSC 13, and his age at the time of his death, the Tribunal assessed the income of the deceased as Rs. 5100/-. As regards the future prospects I am of the view that there is no sufficient material on record to award future prospects. It is no more res integra that mere bald assertions regarding future income of the deceased are of no help to the claimants in the absence of any reliable evidence being brought on record. But still the Tribunal considered some increase in income and assessed the income including future prospects as Rs. 5100/-. The Tribunal has already been very generous in this regard and the same does not require any interference.