SUDESH RANI AND OTHERS Vs. SUSHIL KUMAR AND OTHERS
LAWS(P&H)-2012-5-439
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 31,2012

Sudesh Rani And Others Appellant
VERSUS
Sushil Kumar And Others Respondents

JUDGEMENT

- (1.) Challenge in this appeal is the award dated 26.4.2007 passed by Ms. Neena Chaudhary, Motor Accident Claims Tribunal, Karnal, vide which the claim petition was partly accepted and a sum of Rs. 9,48,400/- was allowed to the claimants alongwith interest @ 6% per annum. The present appeal has been filed for enhancement of compensation.
(2.) Learned counsel for the appellants has submitted that deceased was a permanent employee. The proved income of the deceased was Rs. 6,954/-. The Tribunal should have added 50% in respect of future prospects. He has further contended that claimants are four in number. So, the dependency should have been calculated by deducting 1/4 th amount in respect of personal expenses of the deceased. However, he is satisfied regarding multiplier applied by the Tribunal.
(3.) Counsel for the Insurance company has supported the award of the Tribunal. The income of the deceased as per salary slip Exhibit P-1 was Rs. 6,954/- per month, by rounding it off, his income is taken as Rs. 7,000/- per month. By adding 50% in respect of future prospects, as the deceased was in permanent job as Constable, his income comes to Rs. 10,500/- per month. Learned counsel for the appellants has submitted that there are four dependents. So, the dependency should have been calculated by deducting 1/4 th amount in respect of personal expenses of the deceased.;


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