ANITA Vs. RAJESH

JUDGEMENT

(1.) THIS appeal is preferred against the award dated 4.12.2002 passed by Motor Accident Claims Tribunal, Sonepat (Tribunal for short), whereby compensation to the tune of Rs.9,02,440/ - was granted to the appellants on account of death of Rajbir Singh. They sought enhancement of compensation.

(2.) COUNSEL for the appellants argued that the deceased was in permanent job working as UDC with the Haryana Vidhyut Board and, therefore, the Tribunal was to add 30% to the income towards the future prospects. The age of the deceased was 43 years as per the certificate Ex.P6 produced by the appellants. It was then contended that deduction for personal living expenses should have been made to the extent of 1/4th and not 1/3rd because there were the widow and three minor children in the family besides the deceased. The next contention was that a meager amount of Rs.5000/ - was given towards loss of consortium to the widow and only Rs.2000/ - was given for funeral and last rites expenses. Nothing was given to the children for loss of love and affection.

(3.) COUNSEL for the Insurance Company, however, pointed out that if the court was inclined to make enhancement, then the order passed in the Lok Adalat on 29.8.2012 may be kept in mind because there was a proposal for enhancing the compensation by Rs.3,00,000/ -. If any enhancement was to be made, it should be maximum to the tune of Rs.3,00,000/ - and interest may be awarded.