LAWS(P&H)-2014-12-361

LADDI (MINOR) Vs. HARJIT SINGH AND OTHERS

Decided On December 08, 2014
Laddi (Minor) Appellant
V/S
Harjit Singh and Others Respondents

JUDGEMENT

(1.) This appeal is by the minor-claimant who seeks enhancement of compensation awarded to it by the Motor Accident Claims Tribunal, Faridkot (here-in-after referred to as the Tribunal). Vide award dated 23.02.2013, a sum of Rs.4,80,000/- was awarded for the death of Romesh Singh, father of the minor. The petition had been filed through the next friend.

(2.) An accident took place on 04.09.2010, resulting in the death of Romesh Singh on 09.09.2010. According to the pleadings, Romesh was 32 years old and a truck cleaner, working with Mohinder Singh & Major Singh. He was getting Rs.5,000/- per month as salary. The Tribunal took the monthly income of the deceased as Rs.5,000/- and held that the deceased must be spending half of his salary upon himself and took the monthly loss to be Rs.2,500/- and the annual loss was assessed as Rs.30,000/- and applying the multiplier of 16, the compensation was assessed at Rs.4,80,000/-.

(3.) The counsel for the appellant contends that the deduction should have been 1/3rd instead of half and the amount towards funeral expenses is less and no amount has been granted for love and affection and appropriate increase be given. It was urged that since deceased was 30 years old, the multiplier of 17 should have been applied.