ROSHNI DEVI Vs. KIRPAL SINGH

JUDGEMENT

(1.) THE appellants are seeking enhancement of compensation and have filed this appeal against the award dated 08.11.2004 passed by the Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred as the Tribunal).

(2.) REFERRING to the basic facts first, Jagir Singh was a peon with Kurukshetra University. He met with an accident while he was going for work on a motorcycle at 8:15 AM on 21.01.2003. A truck bearing registration no.HR -01 -CA -0135, driven by respondent no.1 came at a high speed from Radaur side and hit him. The injuries proved fatal. The Tribunal found that Jagir Singh was 42 years of age and it took the carry home salary @ Rs.3,467/ - per month and applied the multiplier of 15 and calculated the compensation @ Rs.5,10,600/ - and added Rs.10,000/ - for miscellaneous heads. It also noted that the insurance company was liable to pay only 70% of the compensation as the deceased himself had contributed in the negligence which was fixed at 30%. After making a deduction of 30%, the remaining amount of Rs.3,65,120/ - was allowed.

(3.) THE counsel for the appellants contends that there could be no deduction on account of GPF and other heads in view of the decision rendered by Hon'ble Apex Court in Shyamwati Sharma and others Vs. Karam Singh and others, 2010 3 RCR(Civ) 741. His next contention was that the Tribunal should have added 30% towards future prospects as the deceased was 42 years old. The counsel was candid enough to admit that the multiplier should have been 14 instead of 15. His next submission was that the appellants were entitled to a higher amount towards funeral expenses, loss of consortium and on account of love and affection. The last submission was that the amount towards personal deduction should be 1/4th and considering the large family. Reliance was also placed upon Rajesh and others Vs. Rajbir and others, 2013 3 RCR(Civ) 170and Vimal Kanwar and others Vs. Kishore Dan and others, 2013 2 RCR(Civ) 945.