DALJIT KAUR Vs. SURJIT SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accident Claims Tribunal, Ludhiana dated 3.2.1992.

(2.) THE claimants are the parents who were awarded a compensation of Rs. 34,400/- on account of death of their son Jagjit Singh in a vehicular accident which took place on 15.10.1990. The Tribunal took the income of the deceased as Rs. 1348/- per month which was rounded off to Rs. 1350/- per month i.e. Rs. 16200/- per annum and deducted 3/4th of this amount on account of personal expenses and dependency in this manner was assessed as Rs. 4050/- per annum. Multiplier of 8 was applied to arrive at the figure of Rs. 32,400/-. An amount of Rs. 2000/- was awarded on account of funeral expenses.

(3.) AFTER hearing learned counsel for the parties and perusing the award, I am of the considered opinion that the award of the Tribunal deserves to be modified. The deceased was a bachelor and was supporting his family. He was a regular employee working in Punjab State Electricity Board and was drawing a salary of Rs. 1350/- per month. As his career progressed, he would certainly have got an increase in his salary. Therefore, future prospects would have to be taken into consideration. The principle to assess future loss of income is to double the amount and then add to the salary which is being earned by the incumbent and to take average of the two figures. In this manner, income comes to Rs. 2025/- per month (2700+1350 = 4050/2 = 2025). A cut of 1/4th will be just and appropriate and dependency in this manner comes to Rs. 1518 per month i.e. Rs. 18,216/- per annum. Multiplier of 8 applied by the Tribunal is just and adequate in the given set of circumstances. In this manner, compensation comes to Rs. 1,45,728/-. An amount of Rs. 2,000/- awarded on account of funeral expenses is enhanced to Rs. 10,000/-. An another sum of Rs. 10,000/- is also awarded on account of loss of love and affection.