LAWS(P&H)-2024-11-15

DALBIR KAUR Vs. RAJPAL

Decided On November 27, 2024
DALBIR KAUR Appellant
V/S
RAJPAL Respondents

JUDGEMENT

(1.) The present appeal has been filed by the claimants challenging the quantum of compensation awarded by the Motor Accident Claims Tribunal, Amritsar (hereinafter referred to as the 'Tribunal') vide award dtd. 3/11/1999.

(2.) Since the facts, as recorded in the impugned award passed by the Tribunal, are not in dispute, the same are not being adverted to for the sake of brevity. The Tribunal in the present case awarded the following compensation : <IMG>JUDGEMENT_15_LAWS(P&H)11_2024_1.jpg</IMG>

(3.) Learned counsel for the claimant-appellants would contend that though the income of the deceased has rightly been assessed as Rs.3,614.00 per month, however, deduction of 1/4th and a multiplier of '15' have wrongly been applied. Further, no addition has been made towards loss of future prospects and no amount has been awarded under the conventional heads as well as under the head 'loss of consortium'. In support of her contentions, she has relied upon the judgments of the Hon'ble Supreme Court in the cases of Sarla Verma & Ors. vs. Delhi Transport Corporation & Anr. [(2009) 6 SCC 121], National Insurance Company Ltd. vs. Pranay Sethi & Ors. [(2017) 16 SCC 680], Magma General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram & Ors. [(2018) 18 SCC 130] and N. Jayasree & Ors. vs. Cholamandalam M.SGeneral Insurance Company Ltd. [2021(4) RCR (Civil) 642].