SURJIT KAUR Vs. RAJWINDER SINGH AND OTHERS

JUDGEMENT

(1.) The appeal is for enhancement of compensation for death of a male aged 24 years who died in a motor accident on 15.04.2005. When deceased-Shinder Singh was returning from his work place to his village, the motor cycle he was riding, was hit by a maruti car bearing No.PB-04H- 0404 driven rashly and negligently by respondent No.1, resulting into serious injuries. He died on the way to the hospital. The claimants were widow and mother before the Tribunal but the present appeal is preferred only by the mother. The deceased was stated to be earning Rs. 8000/- per month by running a scooter workshop. In the absence of any documentary evidence, the Tribunal, while assessing the compensation, took the income of the deceased at Rs. 3000/- per month, made a deduction of 1/3 rd and applied a multiplier of 15 to assess the loss of dependency at Rs. 3,60,000/-. It also provided Rs. 3000/- as funeral expenses and assessed a total compensation of Rs. 3,63,000/-.

(2.) Mr. Ashish Grover, learned counsel for the appellant submits that the Tribunal has assessed the income of the deceased grossly low at Rs. 3000/- per month and applied a wrong multiplier of 15 depending on the age of one of the the claimants, instead the multiplier should have been applied as per the age of the deceased. It did not provide for prospect of future increase, much less, notional heads of claim viz; loss of consortium, loss of love and affection and loss to estate. In fact, funeral charges are also assessed at a very low rate i.e. Rs. 3000/- only, thus, urges this Court for enhancement of compensation by modifying the award passed by the Tribunal.

(3.) On the contrary, Ms. Monika Jangra and Ms. Vandana Malhotra, learned counsel appearing for respondent No.2 submits that the Tribunal has assessed all the heads of claim appropriately and there is no scope for enhancement, thus, urges this Court for confirming the award by dismissing the appeal.