SURENDER SINGH AND ORS. Vs. PAWAN AND ORS.

JUDGEMENT

(1.) CM -3150 -CII -2015.

(2.) THE present appeal has been preferred by the claimants -appellants, seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Bhiwani (for short, 'the Tribunal') to the tune of Rs. 1,30,000/ -, vide impugned award dated 16.11.2011.

(3.) THE deceased -Rahul in the present case was 17 years old child at the time of the accident. The deceased was a minor and was unmarried and student of 12th Class. His father when appeared in the witness box as PW -2 deposed that he was engaged in profession of agriculture and dairy farming and was also doing the tuition work in the village and was earning Rs. 10,000/ - per month but there is not record to prove this fact and thus, the tribunal has taken the notional income of the deceased at Rs. 15,000/ - per annum and after deducting 1/3rd, and by applying the multiplier of 11, in view of Sarla Verma and others vs. Delhi Transport Corporation and another, : 2009 (3) RCR (Civil) Page 77, the compensation has been assessed at Rs. 1,10,000/ -. He was also allowed Rs. 20,000/ - towards funeral expense. The total compensation awarded to the claimants was Rs. 1,30,000/ -. On the other hand, the injured -Vishal was given the compensation of Rs. 15,000/ -.