Kailash Gambhir, J. - (1.) THE present appeal arises out of the award dated 23/1/2004 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 1,50,000/ - along with interest @ 9% per annum to the claimants.
(2.) THE brief conspectus of the facts is as follows: On 26/11/2001 at about 6:00 pm Sh. Arjun was travelling by bus bearing registration No. DL 1PA 6274 and when the said bus reached at Sardar Manmohan Marg, West Punjabi Bagh, then the driver of the said bus took a sharp turn without slowing down the speed in a rash and negligent manner. Due to this, Sh. Arjun fell out of the bus on the road and he sustained serious injuries all over the body and later he succumbed to the said injuries. A claim petition was filed on 15/1/2001 and an award was passed on 23/1/2004. Aggrieved with the said award enhancement is claimed by way of the present appeal.
(3.) SH . S.N. Prashar counsel for the appellants contended that the tribunal erred in awarding compensation on lump sum basis and should have assessed the income of the deceased at Rs. 15,000/ - per annum and applied the multiplier of 15 after making 1/3rd deductions as per the II Schedule as the deceased was of 13 years of age and was studying in VI standard. The counsel further maintained that the tribunal should have considered future increase in income as well. The counsel contended that the tribunal has erred in not awarding compensation towards loss of love & affection, funeral expenses, loss of estate, loss of consortium, mental pain and sufferings and the loss of services, which were being rendered by the deceased to the appellants.;