FAO-1807-2017 v. Kanwar Pal and Kanwar Pal
Case Details
Cited in this judgment
Mr. N.K. Chhokar, Advocate, for respondent No.1-driver. None for respondent No.2-owner. HARPREET KAUR JEEWAN, J. HARPREET KAUR JEEWAN, J. HARPREET KAUR JEEWAN, J. HARPREET KAUR JEEWAN, J.
1. Appellants-claimants are seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal, Panipat (hereinafter referred to as the ‘Tribunal’), regarding the death of Krishan (since deceased), in a roadside accident, which took place on
28.02.2013.
2. The Tribunal vide Award dated 28.07.2016, awarded compensation of Rs.8,28,000/- to the claimants, holding that Krishan died due to the road-side accident which was a result of rash and negligent driving of the tractor-trolley bearing registration No.HRV- 4594, by respondent No.1. 1 FAO-1807-2017 2.2 The Tribunal considered the age of the deceased as 19 years; assessed the notional income of the deceased as Rs.6,000/- per month, and the respondents-driver & owner of the tractor-trolley were ordered to pay compensation to the appellant-claimants in the following manner:- Sr. No. HeadsHeadsHeadsHeads Sr. No. Sr. No. Sr. No. Compensation Awarded Compensation Awarded Compensation Awarded Compensation Awarded
8. Annual income Rs. 72,000/- (6,000 X 12) Deduction towards personal expenses (50%) Rs.36,000/- (72,000 - 36,000) Multiplier 18 Loss of dependency Rs.6,48,000/- (36,000 X 18) Funeral expenses Rs.25,000/- Loss of love and affection Rs.1,50,000/- (50,000 X 3) Loss of estate Rs.5,000/- Total : Total : Total : Total : ,000////---- Rs.Rs.Rs.Rs.8,288,288,288,28,000 ,000,000
2.3 The present appeal, filed by the claimants seeking enhancement, has been contested by the driver and owner of the offending vehicle.
3. Learned counsel for the appellants contends that Future Prospects have not been added while calculating dependency and even compensation awarded under the conventional heads needs . Delhi Transport Sarla Verma & Ors. vssss. Delhi Transport enhancement. Cites Sarla Verma & Ors. v . Delhi Transport . Delhi Transport Sarla Verma & Ors. v Sarla Verma & Ors. v