KANTA DEVI Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The present appeal has been filed by the claimants-appellants, seeking enhancement of the compensation awarded by the Learned Motor Accident Claims Tribunal, Chandigarh ('the Tribunal', for brevity) against the impugned award dated 08.06.1999, on account of the death of Constable Banarsi Dass, in a motor vehicular accident. The learned counsel for the appellants submits that compensation has been awarded on account of loss of love and affection and future prospects whereas the amount awarded towards funeral expenses, last rites and loss of consortium is also inadequate.

(2.) I have heard the learned counsel for the parties and perused the record carefully. From the perusal of the record, it is made out that the deceased-Constable Banarsi Dass, was 28 years of age at the time of his death. The learned Tribunal has assessed the salary of the deceased to the tune of Rs. 2,521/- per month and applying the multiplier of 18 as per Schedule 2 to Section 163-A of the Motor Vehicles Act and deducted 1/3rd on account of his personal expenses. Keeping in view the facts that the deceased was 28 years of age at the time of the accident, as per the law laid down in Smt. Sarla Verma v. Delhi Transport Corporation, 2009 3 RCR(Civ) 77, the multiplier should be 17 instead of 18. Ordered accordingly.