- (1.) The widow, two sons and two daughters of deceased Mehar Chand aged 55 years at the time of accident have come forward with the present appeal seeking enhancement of compensation.
(2.) Deceased Mehar Chand was 55 years old at the time of accident. He was a paint contractor and was earning a sum of Rs. 4500/- per month. He has left behind his wife, two sons, aged 25 years and 19 years respectively and two daughters, aged 26 years and 22 years respectively. The Tribunal deducted 1/3 rd of the income arrived at towards personal living expenses of deceased Mehar Chand. The Tribunal also adopted '8' as multiplier. Nothing was awarded towards future prospects, loss of estate and loss of consortium of the first appellant.
(3.) Learned counsel appearing for the appellants referring to the decision of the Hon'ble Supreme Court in New India Assurance Co. Ltd. vs. Gopali and others, 2012 3 RCR(Civ) 818 would submit that only 1/10 th of the salary should have been deducted towards personal expenses of deceased Mehar Chand where the claimants were 5 or more. He would also submit that the Tribunal committed error in adopting '8' as multiplier. Towards future prospects, loss of estate and loss of consortium, the appellants are entitled to compensation, it is further submitted.;