LAKHBIR KAUR Vs. GURSAHIB SINGH

JUDGEMENT

(1.) The award dtd. 2/2/2018 passed by the Motor Accident Claims Tribunal, Chandigarh [for brevity 'the Tribunal'] has been assailed by widow, two minor children and mother of Beant Singh (deceased) seeking enhancement of compensation awarded under Sec. 166 of the Motor Vehicles Act, 1988 [for brevity 'the Act'].

(2.) The factum of the accident is not in dispute. A motor vehicular accident took place on 2/12/2016 and the same proved fatal for Beant Singh, aged 24 years. The accident was caused due to the rash and negligent driving of the Truck bearing registration No. PB-46M-3303 [hereinafter referred to as 'offending vehicle']. The Tribunal after considering the facts and appreciating the evidence adduced held owner, driver and insurer of the offending vehicle jointly and severally liable to pay the compensation.

(3.) In the claim petition it was pleaded that the deceased was working as Munim with Aditya Trading Company (Merchants and Commission Agents), Shop No.103-B, New Grain Market, Tarn Taran. It was claimed that he was earning Rs.15,000.00 per month and was also earning Rs.10,000.00 by doing the farming work. The claimants failed to adduce any evidence with regard to occupation and earning of the deceased. The Tribunal considered him an unskilled labourer and assessed his monthly earning as Rs.7,175.00; 40% future prospects were awarded; 1/4th deduction for selfexpenses was made and multiplier of '18' was applied. The Tribunal awarded Rs.16,97,290.00 alongwith interest @ 7.5% per annum. The amount awarded included Rs.70,000.00 under the conventional heads.