LAWS(P&H)-2017-1-283

KAMLA Vs. MANOJ KUMAR AND OTHERS

Decided On January 11, 2017
KAMLA Appellant
V/S
Manoj Kumar and others Respondents

JUDGEMENT

(1.) The present appeal has been filed by the claimant-appellant seeking enhancement of the compensation awarded by learned Motor Accident Claims Tribunal, Faridabad (for short 'the Tribunal') vide award dated 24.4.2014 on account of death of Tara Chand, son of the appellant, in a motor vehicular accident that took place on 21.1.2013.

(2.) The submissions made by Ms. Parveen Datta, Advocate representing the appellant, Mr. MK Pundir, Advocate for respondents No.1 and 2 and Mr. RN Singal, Advocate for respondent No.3 have been heard and record perused.

(3.) Learned counsel for the appellant contends that the deceased was a bachelor and was 30 years old. Learned Tribunal applied the multiplier according to the age of the claimant-mother, which is in contravention to the law laid down in Amrit Bhanu Shali and others v. National Insurance Co. Ltd. 2012 (4) RCR (Civil) 343, according to which, the multiplier should be applied as per the age of the deceased. She further submits that the deceased was working as Halwai and was earning Rs.15000/- per month, whereas learned Tribunal assessed his income as Rs.5000/- per month. Also a sum of Rs.50,000/- was spent on treatment of the deceased before his death but nothing was awarded towards medical expenses and the amount awarded under the conventional heads is inadequate.