RUBBAL Vs. JAGRAJ DASS

JUDGEMENT

(1.) THIS is the claimants' appeal seeking modification of the award dated 24.11.2009 passed by the Motor Accident Claims Tribunal, Rewari (here -in -after referred to as the Tribunal).

(2.) BEFORE referring to the submissions made on behalf of the appellants, it is apposite to refer to the relevant facts. Krishan was a Lecturer in Physics at a Senior Secondary School in Jhajjar. He was crushed under the rear tyre of a truck on 22.05.2008. The Tribunal noted that Krishan was drawing salary of Rs.11,790/ - per month. The claimants had pleaded that he had additional income of Rs.50,000/ - from tuition work. The Tribunal took the income to be Rs.11,970/ - per month and made a deduction of 1/3rd and applied the multiplier of 17 to arrive at the compensation of Rs.16,27,920/ -. A sum of Rs.12,080/ - was awarded on the miscellaneous heads and a sum of Rs.16,40,000/ - was allowed with interest.

(3.) THE submission on behalf of the appellants is that as per the decision of Hon'ble Supreme Court in Rajesh and others Vs. Rajbir and others, 2013 9 SCC 54, an addition in the income towards future prospects should have been granted, since the deceased was a Government employee and the Tribunal had awarded only Rs.12,000/ - on the miscellaneous heads and they were entitled to separate amount for loss of consortium, funeral expenses, loss of love and affection and transportation.