NARESH DEVI Vs. JOGINDER SINGH

JUDGEMENT

(1.) THE present appeal arises out of the award dated 19th November 2001 of the motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 2,26,000/- along with interest @ 9% per annum to the claimants. The conspectus of the facts is as follows: on 4th February 1991 the deceased Mr. Surender Kumar was travelling in a passenger bus bearing registration No. DEP 6908 and was going to his house at dichao Kalan after finishing his duty at CWC. At about 7:30 P. M. , due to the rash and negligent driving of the driver of the bus, the deceased fell down from the front door and sustained severe injuries on his head and limbs. He succumbed to his injuries on 23rd February 1991.

(2.) A claim petition was filed on 3rd August 1991 and an award was made on 19th November 2001. Aggrieved with the said award enhancement is claimed by way of the present appeal.

(3.) SH. D. K. Sharma counsel for the appellants has assailed the said award for enhancement. Counsel for the appellants contended that the Tribunal erred in not taking into account the future prospects of the deceased. It is urged that the deceased was working as a Messenger with Water Commission and was earning a monthly income of Rs. 1529/ -. As per the statement of Shri V. S. Saxena, assistant Central Water Commission, R. K. Puram, who proved the salary certificate, had the deceased been alive, he would have been drawing a salary of rs. 3,030/- in future. The counsel submitted that the tribunal has erroneously applied the multiplier of 16 while computing compensation when according to the facts and circumstances of the case, multiplier of 22 should have been applied. The counsel contended that the tribunal has erred in not awarding compensation towards loss of love and affection, funeral expenses and loss of consortium. Nobody has been appearing for the respondents.