BALDEV KAUR Vs. INDERJEET SINGH

JUDGEMENT

(1.) THIS is the claimants' appeal seeking enhancement of the compensation allowed vide award dated 06.02.2001, by the Motor Accident Claims Tribunal, Patiala (here -in -after referred to as the Tribunal).

(2.) BRIEFLY narrating the facts: Jagdish Singh met with an accident on 05.07.1998 which proved fatal. The claimants pleaded that he was an agriculturist and owned 14 acres of land and sold milk and was earning Rs.7,000/ - per month and his total income was Rs.10,000/ - per month. The Tribunal found that no evidence had been led to show that the deceased owned any land or was running a dairy farm or had an income of Rs.10,000/ - per month. The income of the deceased was taken as Rs.3,000/ - per month and after deducting 1/3rd as personal expenses, Rs.2,000/ - was considered to be the contribution he was making to his family and after applying the multiplier of 11, the compensation was calculated at Rs.2,64,000/ -. A sum of Rs.5,000/ - was awarded towards funeral expenses and a sum of Rs.6,000/ - was added for repair of the motorcycle. In all, a sum of Rs.2,75,000/ - was granted.

(3.) THE submission made on behalf of the claimantsappellants is that the income of Rs.3,000/ - per month taken by the Tribunal was on the lower side and the deceased was an agriculturist and a person who owned 14 acres of land would have a much higher income. It was urged that since the minimum wages have been taken as income for the deceased then there should be an addition in the income as per Reshma Kumari's case. It was urged that since the deceased was below 50 years of age then there should be an addition of 30% and a sum of Rs.25,000/ - should be allowed as funeral expenses and Rs.1,00,000/ - for loss of love and affection for the children. Reliance was placed upon Smt. Savita Vs. Bindar Singh and others, 2014 2 RCR(Civ) 473, Pushkar Mehra Vs. Brij Mohan Kushwaha and others, 2014 2 RCR(Civ) 4 and Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009 3 RCR(Civ) 77.