SUNITA RANI Vs. SAJJAN

JUDGEMENT

(1.) CLAIMANTS have filed the present appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Bhiwani (hereinafter to be referred as 'the Tribunal').

(2.) TAKING the case from undisputed facts that Mukesh Kumar (since deceased) met with motor vehicle accident on 14.06.2005, as he was going on scooter bearing registration No.HR -18 -2776 and the said scooter struck against canter bearing registration No.HR -55 -1256. He was taken to the hospital and subsequently died because of the injuries caused in the accident. Mukesh Kumar was of the age of 29 years and was running a medical store at Badhra. The Tribunal assessed the amount of compensation to be Rs. 3,14,200/ -. Claimants being dissatisfied with the awarded amount are in appeal before this Court. Respondents contested the claim petition on all accounts.

(3.) MR . Anurag Chopra, Advocate, learned counsel for the appellants urged that the Tribunal has not taken the income of the deceased keeping in view the facts that Mukesh Kumar was running a chemist shop and his income was taken to be Rs. 2500/ - per month only, which was on lower side. More so, nothing has been awarded on account of future prospects of earnings though he was of the age of 29 years and survived by widow, minor children and aged parents. The Tribunal has also not awarded adequate amount on account of loss of consortium though one of the claimant is widow and meager amount has been awarded on account of funeral expenses and transportation charges. So, the awarded amount be enhanced suitably. Learned counsel for the appellants also took the plea that even correct multiplier has not been supplied, while awarding the amount of compensation.