VINOD BALA GUPTA Vs. OM PARKASH

JUDGEMENT

(1.) THIS is the claimants' appeal seeking modification in the award dated 14.12.1999 passed by Motor Accident Claims Tribunal, Faridabad.

(2.) TEK Chand Gupta died in an accident on 10.11.1995. He was proprietor of a petrol pump. His income tax returns reflected that he had an income of Rs.1,18,870/ - per annum. The Tribunal took the income as reflected in the returns and deducted 1/3rd towards personal expenses and applied the multiplier of 4 (though the deceased was 50 years of age) and arrived at a compensation of Rs.3,15,480/ -.

(3.) THE contention raised on behalf of the appellants is that the appellants were entitled to an addition of 30% in the income towards future prospects and instead of 1/3rd deduction there should have been a deduction of 1/4th considering the number of the claimants. It was urged that the Tribunal had failed to give any amount for funeral expenses, compensation for loss of consortium and loss of love and affection as was awarded in Rajesh and others vs. Rajbir Singh and others, 2013 9 SCC 54. It was contended that the multiplier should have been 13 as per Sarla Verma vs. Delhi Road Transport Corporation, 2009 6 SCC 121.