MASTER ULLAS Vs. RAJINDER SINGH

JUDGEMENT

(1.) On August 15, 1989, Mr. P. Unni Krishnan was hit by a tractor. He unfortunately died. On August 26, 1989, a petition under Section 66 was submitted to the Motor Accident Claims Tribunal, Karnal. The tribunal found that the deceased was working with a private company 'Enfield India Limited' and drawing a salary of Rs. 1925.16. After making allowance for personal expenses of the deceased, the tribunal held that he must be contributing Rs. 1,300/- for the expenses of his wife and the minor child. Applying a multiplier of 16 the tribunal awarded a total compensation of Rs. 2,49,600/-. The claimants filed an appeal. The learned Single Judge held that the multiplier of 20 should have been applied. Resultantly, the compensation was enhanced to Rs. 3,12,000/-. Interest at the rate of 15% from the date of the application was also awarded. Still not satisfied the claimants have filed the present Letters Patent Appeal.

(2.) Mr. Kanwaljit Singh, learned counsel for the appellants contend that the learned Single Judged erred in ignoring the fact that the deceased had reasonable chances of further promotion. His salary would have been determined after taking this aspect into consideration. He has placed reliance on the decision of the Bombay High Court in Anjana Balasheb Jaihav and Anr. v. Sayed Babu Sayed Khaja Peer and Ors., 1998 A.C.J. 90.

(3.) We regret our inability to accept this contention. Firstly, such a plea does not appear to have been raised before the tribunal or the learned Single Judge. Secondly the learned counsel is unable to refer to any evidence on the record which may indicate that deceased had definite chances of further promotion. Such evidence had been actually adduced in Jaihav's case (supra). Consequently, the claim for enhancement of compensation by this Court on the ground of increase in the salary etc. cannot be sustained.