MITHLESH Vs. BABU RAM

JUDGEMENT

(1.) The claimants are in appeal seeking enhancement of compensation in regard to death of Hardam Singh in a motor vehicular accident that took place on 11.9.2007.

(2.) The Motor Accidents Claims Tribunal, Fast Track Court, Faridabad (hereinafter to be referred to as "the Tribunal") assessed income of the deceased at Rs. 7,500.00 per month, deducted 1/4th for personal expenses and applied multiplier of 15 to compute loss of dependency to the tune of Rs. 10,12,500.00 but granted compensation of Rs. 10,00,000.00 in view of claim made by the claimants in the application.

(3.) Counsel for the appellants has submitted that the Tribunal has not allowed benefit of increase in income for future prospects nor awarded any compensation under conventional heads. It is argued with vehemence that even if the claimants have prayed for compensation of Rs. 10 lakhs, it is an obligation of the Tribunal to assess just and reasonable compensation. It is further argued that in case the compensation payable to the claimants is calculated more than what has been claimed in the application for compensation, the Tribunal cannot deny just compensation by restricting it to the amount claimed. In this context, reference has been made to judgment of Honourable the Supreme Court of India Nagappa Vs. Gurudayal Singh and others 2003(1) RCR (Civil) 258.