BALBIR KAUR Vs. MANJINDER SINGH

JUDGEMENT

(1.) APPELLANT in this appeal is seeking enhancement of the compensation awarded to her by the Motor Accident Claims Tribunal, Rupnagar vide award dated 08.03.2013. The appellant is disputing the split multiplier applied by the Tribunal and seeks enhanced compensation for loss of consortium and funeral expenses and addition of compensation on the head of loss of love and affection.

(2.) SANTOKH Singh met with an accident on 15.03.2012. A claim petition was filed by his wife. Santokh Singh was serving as a Beldar in P.W.D. (B&R) Ludhiana and was 59 years old. The salary of Rs. 25,516/ - is not in dispute. A deduction towards income tax was made after making a deduction of 1/3rd towards personal expenses, the multiplier of 9 was applied. The multiplier was split into 1 year and 8 years as Santokh Singh was to retire after a year. It was held that after retirement, the family pension would have been half of the salary, therefore, 50% of the salary was taken into account and multiplier of 8 was applied. Rs. 10,000/ - was awarded towards loss of consortium and Rs. 5,000/ - was allowed towards last rites. A total of compensation of Rs. 10,15,000/ - was awarded. No relief towards future prospect was allowed considering the age of the deceased.

(3.) ON the other hand submission is that the Single Bench of this Court had split the multiplier which was approved by the Division Bench in Oriental Insurance Company Ltd. vs. Saroj Devi and others, : 2012(3) RCR(Civil) 292.