SHANTI DEVI Vs. SHRI ASHOK KUMAR

JUDGEMENT

(1.) THE present appeal arises out of the award dated 20th February 1998 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 5,75,206/ - along with interest @ 12% per annum to the claimants.

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

(3.) SH . O.P. Mannie, counsel for the appellants has assailed the said award on quantum of damages. Counsel for the appellants contended that the tribunal has erred in making the deduction to the tune of 1/3rd of the income of the deceased towards personal expenses when the deceased was supporting a large family at the time of accident. His son and wife have died in the same accident but still he is survived by his one son, one daughter and his aged mother. His mother died during the pendency of the claim petition before the Tribunal and therefore, 4 sisters and one brother of the deceased Mr. S.C. Talwar were impleaded as party. The counsel submitted that the tribunal has erroneously applied the multiplier of 11 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 while computing compensation as it failed to appreciate that the deceased would have earned much more in near future as he was of 44 yrs of age only and was on a technical job and had he survived his full natural life he would have been earning a salary of Rs. 20,000 at present. The counsel contended that the tribunal has erred in not awarding the non -pecuniary compensation towards loss of love & 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.