SHARDA Vs. NAGENDER SHARMA

JUDGEMENT

(1.) By way of present appeal, challenge has been laid to an award dtd. 4/5/2018 passed by the learned Motor Accident Claims Tribunal, Hisar (for brevity, "the Tribunal"), whereby an amount of Rs.13,52,022.00 was awarded as compensation to the appellant/claimant along with interest @ 9% per annum from the date of filing of petition till its realization on account of death of Bhupender alias Vicky in a motor vehicular accident, occurred on 11/6/2016.

(2.) As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of the facts of the case is not reproduced and is skipped herein for the sake of brevity. ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR THE APPELLANTS

(3.) The learned counsel for the appellants assailed the award by submitting that the deceased was earning Rs.50,000.00 per month while working as an electrician, having obtained the requisite technical qualifications from ITI Hisar. It was further submitted that the above fact was duly proved from the deposition of claimants which was not rebutted by the respondents by leading any evidence and therefore, the learned Tribunal went wrong while having assessed monthly income @ Rs.9,258.00 per month. He further argued that the deduction of 1/3rd towards personal expenses was contrary to law, as in the case of bachelor, only 1/4th should have been deducted. He further contended that the application of multiplier of 17 was incorrect and the appropriate multiplier ought to have been 18, and that only 40% addition towards future prospects was granted, whereas a 50% enhancement was legally mandated. Furthermore, it was submitted that the amount of compensation granted under conventional heads was not in consonance with the settled law, therefore, he prayed for enhancement of compensation as per latest decisions on the subject. ON BEHALF OF LEARNED COUNSEL FOR RESPONDENT No.2/INSURANCE COMPANY