PHOOLWATI Vs. ASHOK KUMAR

JUDGEMENT

(1.) The present appeal arises out of the award dated 10/9/1999 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 93,000/- along with interest @ 12% per annum to the claimants.

(2.) Sh. J.S. Kanwar, counsel for the appellants has 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. 1678.50/- per month whereas after looking to the facts and circumstances of the case the tribunal should have assessed the income of the deceased at a higher rate. The counsel further maintained that the tribunal erred in making the deduction to the tune of 50% of the income of the deceased towards personal expenses, which is on the higher side. The counsel submitted that the tribunal has erroneously applied the multiplier of 8 while computing compensation when according to the facts and circumstances of the case multiplier of 15 should have been applied. It was also submitted by the counsel that the tribunal did not award increase in minimum wages and failed to 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 year and hence, the deceased would have earned much more in her life span. The counsel contended that the tribunal has erred in awarding compensation towards loss of love and affection and funeral expenses on the lower side. Nobody has been appearing for the respondents.

(3.) As regards the contention of the counsel that the tribunal erred in not considering increase in minimum wages, I am of the view that the said contention has no force. On perusal of the award it is manifest that the tribunal took aid of the Minimum Wages Act and even observed that the income of the deceased would not have remained static and therefore, awarded increase in minimum wages as well and then arrived at the sum of Rs. 1678.50/- per month as the income of the deceased. In view of the above discussion, I do not find any reason to interfere with the said award.