DAYA WATI Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The present appeal arises out of the award dated 5.12.1998 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 1,62,000/- along with interest @ 12% per annum to the claimants.

(2.) The brief conspectus of the facts is as follows:

(3.) Sh. Nitinjya Chaudhary counsel for the appellants assailed the said award on five grounds. Counsel for the appellants contended that the tribunal has erred in assessing the income of the deceased at Rs. 2500/- per month whereas after looking to the facts and circumstances of the case the tribunal should have assessed the income of the deceased at Rs. 12000/- per month. The counsel further maintained that the tribunal erred in making the deduction of Rs. 800/- from the income of the deceased towards personal expenses. The counsel submitted that the tribunal has erroneously applied the multiplier of 14 while computing compensation when according to the facts and circumstances of the case multiplier of 16 should have been applied. It was urged by the counsel that the tribunal erred in not considering future prospects while computing compensation as it failed to appreciate that keeping in view the academic brilliance of the deceased and of his family and also the future prospects of the deceased of his becoming at least lecturer after completing his higher studies, the deceased would have earned much more in near future as he was of 20 yrs of age only and would have lived for another 30-40 yrs had he not met with the accident. 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 an year and hence, the deceased would have earned much more in her 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.