KRISHNA DEVI AND ORS. Vs. SATPAL AND ORS.

JUDGEMENT

(1.) The claimants are in appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Ambala (hereinafter referred to as 'The Tribunal') dated 29th October, 2005 whereby 'The Tribunal' awarded compensation of Rs. 2,71,960 on account of death of Parkash Chand. The relevant facts that motor vehicle accident took place on 8th September, 2003 involving Car No. CH01H-7959 which was being driven by respondent No. 1 and that Car hit against Parkash Chand. Claimant Parkash Chand sustained injuries and was taken to hospital at Ambala and then to PGI, Chandigarh where he succumbed to the injuries. The matter was reported to the police. The claimants claimed compensation to the tune of Rs. 10 lacs.

(2.) The respondents contested the claim petition on all accounts.

(3.) Mr. J.S. Chatrath, learned Counsel for the appellants-claimants took the plea that 'The Tribunal' has not awarded 'just compensation'. Keeping in view the fact that the deceased was of the age of 56 years, his monthly income was proved to be Rs. 4,420 vide Salary Certificate Ex. P-1. 'The Tribunal' has not applied the correct multiplier as per law laid down by Hon'ble Supreme Court in case of Smt. Sarla Verma and Others v. Delhi Transport Corporation and Another, 2009 3 ACC 708. Even adequate compensation has not been awarded on account of funeral expenses, love and affection and loss of consortium as one of the claimants is widow. Learned Counsel for the appellants also disputed that self dependency has been taken to be on the higher side i.e. 1/3rd of the income whereas it should be 1/4th as the claimants are six in number.