RAM PIYARI AND ORS. Vs. CTU AND ORS.

JUDGEMENT

(1.) RESPONDENT No. 4, not served. Since, insurance company has been held liable. So, service of respondent No. 4 - driver, stands dispensed with.

(2.) THIS is an appeal directed by the parents against the award dated 08.06.2007, passed by Sh. R.K. Bishnoi, Motor Accident Claims Tribunal, Bhiwani, for enhancement of compensation. The age of the deceased was 22 years. The income of the deceased has been taken as Rs. 2100/ - per month and dependency has been taken by deducting 1/3rd in respect of personal expenses and as such, the dependency has been calculated as Rs. 1400/ - per month. The yearly dependency comes to Rs. 16,800/ - (1400 x 12). The age of the mother was assessed as 42 years, whereas the age of Dharmvir, father of the deceased, has been taken as 52 years. The multiplier of 11 has been applied and as such, the amount of compensation was calculated as Rs. 1,84,800/ -. Rs. 5,000/ - has been allowed in respect of last rites. So, the total amount of compensation comes to Rs. 1,89,800/ -.

(3.) IN reply to the above -said contentions, learned counsel for the respondents has supported the judgment of the learned Tribunal. It is submitted that income has been rightly assessed by the Tribunal. No register has been produced before the Tribunal and no Salary Certificate has been verified by anyone. No qualification record was produced that he was working as Accountant. No income -tax record has been produced before the Tribunal. It is further contended that the claimants are not entitled for any future prospects. The deceased was not a permanent employee and even in the grounds of appeal, no amount has been claimed in respect of future prospects. It is further submitted that in case of parents the deductions in respect of personal expenses of the deceased should be .