MANJIT KAUR Vs. BHAJAN SINGH

JUDGEMENT

(1.) The present appeal has been filed by the parents-Claimants/appellants, seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Ropar (for short 'the Tribunal'), vide award dated 13.09.1999, on account of the death of Manjit Singh, son of the appellant, in a motor vehicular accident, which took place on 07.09.1996. Two separate claim petitions were filed one by the widow and another by the parents for claiming compensation before the Motor Accident Claims Tribunal, Ropar. The Tribunal has awarded total compensation of Rs. 2,00,000/- to the three claimants, Rs. 1,50,000/- was awarded to the widow and Rs. 25,000/- each was awarded to the parents of the deceased.

(2.) Feeling aggrieved against the impugned award, this appeal is filed by the parents.

(3.) The case was listed before the Lok Adalat of this Court on 04.07.2001. After hearing the contentions of both the parties, the learned Lok Adalat agreed with the contention of the appellants-claimants that the deceased was an agriculturist and not an agricultural labourer. It has further assumed the earning capacity of the deceased at Rs. 2,000/- per month. The Ld. Lok Adalat was also gracious to adopt multiplier of 18 instead of 16 as adopted by the Motor Accident Claims Tribunal in this case and proposed to enhance the amount of compensation from Rs. 2,00,000/- to Rs. 2,80,000/-. However, the Lok Adalat proposed to enhance the compensation in respect of appellants-parents by only Rs. 20,000/- i.e. Rs. 10,000/- to each.