PURAN DAI Vs. BIR SINGH AND ORS.

JUDGEMENT

(1.) Puran Dai, an unfortunate mother of deceased Jitender is in appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Faridabad (for brevity, 'the Tribunal') on 23.11.2010. The learned Tribunal assessed income of the deceased at Rs. 6,473.00 per month, allowed deduction to the extent of 50% for personal and living expenses, adopted multiplier of 14 and assessed loss of dependency to the tune of Rs. 5,43,732.00. Another amount of Rs. 10,000.00 for expenses on transportation of dead body and cremation and Rs. 5,000.00 for loss of love and affection has been awarded making total compensation of Rs. 5,58,732.00.

(2.) Counsel for the appellant contends that the multiplier adopted by the Tribunal is on lower side and is not in consonance with ratio laid down in Smt. Sarla Verma and others v. Delhi Transport Corporation and another, 2009 155 PunLR 22. The Tribunal has not awarded compensation for increase in income towards future prospects in the light of judgment of the Apex Court in Rajesh and others v. Rajbir Singh and others, 2013 9 SCC 54. The compensation awarded under conventional heads also requires reconsideration and enhancement.

(3.) Counsel for the contesting respondent would submit that the matter with regard to increase in income for future prospects to a private employee or person involved in self occupation is under consideration of Hon'ble the Apex Court in view of reference made to a larger Bench in the case of National Insurance Company Limited v. Pushpa and others, (SLP (Civil) CC No. 8058 of 2014), therefore, contention of the appellant for grant of benefit for future prospects is not sustainable.