BABLI AND OTHERS Vs. SURESH AND ANOTHER

JUDGEMENT

(1.) - By way of this appeal, appellants-Babli and others seek enhancement of compensation awarded by learned Motor Accident Claims Tribunal, Rohtak (for short, "the Tribunal") vide award dated 21.01.2013 passed in MACT Case No.116 of 2011 on account of death of Rajpal @ Jeeta (husband of appellant No.1 and father of appellants No.2 to 4), in a vehicular accident.

(2.) The submissions made by Mr. H.S. Mehra, learned counsel for the appellants and Mr. M.B. Jain, learned counsel for respondent No.2 have been heard and record perused.

(3.) Learned counsel for the appellants-claimants contends that at the time of death the deceased was 36 years old. He was a painter by profession and was earning Rs.12,000.00 per month, but learned Tribunal wrongly assessed his income as Rs.6000.00 per month only and wrongly deducted ¼th of the income of the deceased towards his personal and living expenses. The multiplier applied by learned Tribunal to the amount determined as loss of dependency of the appellants is also inappropriate. As held in Rajesh and others Vs. Rajbir Singh and others, 2013(3) R.C.R. (Civil) 170 : 2013(3) Recent Apex Judgments (R.A.J.) 659 : 2013(9) SCC 54, 50% notional increase should have been added to the actual income of the deceased computing future prospects but learned Tribunal failed to do so. The amount of Rs.10,000.00 awarded towards loss of consortium and Rs.5000.00 as funeral expenses is also on the lower side. No amount was awarded to the appellants for loss of love and affection.