LAWS(P&H)-2017-2-305

SUNITA AND OTHERS Vs. SHAMSHER SINGH AND OTHERS

Decided On February 06, 2017
Sunita and Others Appellant
V/S
Shamsher Singh And Others Respondents

JUDGEMENT

(1.) This is the claimants' appeal seeking enhancement of compensation. The Motor Accident Claims Tribunal, Kaithal had awarded compensation of Rs. 3,56,500/- for the death of Krishan Lal.

(2.) The contention of the appellants is that the Tribunal had taken the minimum wages of Rs. 3,500/- per month and deduction of th had been made towards personal expenses but the minimum wages of that year were much higher. It was urged that the multiplier was not correctly applied as the claimants were four in number. It was also contended that 15% should have been added towards increase in the future income and the appellants were also entitled to compensation for love and affection and were seeking increase in the funeral expenses and for loss of consortium.

(3.) The submission of the counsel appearing for the Insurance Company is that the Tribunal had taken the minimum wages of that year as the claimant had failed to lead evidence with respect to his income. It was contended that the matter regarding future prospects is under consideration with a larger Bench. It was also urged that no law has been laid down that Rs.1 lac has to be awarded for loss of love and affection to each child. It was urged that the Tribunal had awarded interest @ 9% whereas the prevailing interest is not more than 6%.