SURINDER KAUR Vs. GURPREET SINGH

JUDGEMENT

(1.) PRESENT appeal has been filed by Surinder Kaur - widow, Lakhwinder Singh - son, Sukhvir Singh - son, Jagdish Singh - minor son and Aman Kaur -minor daughter of Charan Singh (since deceased) for modifying the award dated 06.05.2013, passed by learned Motor Accidents Claims Tribunal, Patiala (for brevity,'the learned Tribunal'), and for awarding adequate compensation to them (appellants).

(2.) LEARNED counsel for the appellants contends that Charan Singh (since deceased) was 38 years old at the time of his death, therefore, learned Tribunal should have applied multiplier of 15 instead of 10; there were as many as five dependents and hence the learned Tribunal has wrongly deducted 1/3 rd of the monthly income of Charan Singh (since deceased) on account of his personal expenses. In view of Sarla Verma vs Delhi Transport Corporation, 2009 3 RCR(Civ) 77 and Rajesh and others vs Rajbir Singh and others, 2013 9 SCC 54, the deduction for personal expenses should be 1/4th; learned Tribunal has awarded Rs. 5,000/ - (Rupees five thousand only) each for consortium and funeral expenses which is also against the settled norms; he also pointed out that the claim petition was filed by the minor daughter and the minor son in addition to two major sons and the widow and learned Tribunal has failed to award the adequate amount for 'love and affection' to the minor son and the minor daughter. It was also submitted that the interest awarded @ 7.5% was also on the lower side.

(3.) LEARNED counsel for the respondents have not controverted the submissions of the learned counsel for the appellants except that the adequate interest has already been awarded.