JUDGEMENT
AMARJEET CHAUDHARY,J. -
(1.) THE Motor Accident Claims Tribunal, Ferozepur, on a claim petition, awarded a sum of Rs. 57,600/- to the claimants by applying a multiplier of 16 on account of the death of Dittu Singh, aged 20 years.
(2.) AGGRIEVED against the award, the claimants-appellants have filed this appeal praying for enhancement of the compensation.
I have perused the case filed and find that the income of the deceased has not been properly calculated. The deceased was an agricultural labourer and his earning capacity could not be less than Rs. 600/- per month. Out of this amount, 1/3rd he must have been spending on himself and rest 2/3 i.e. Rs. 400/- on his family. Therefore, the annual dependency of the claimants comes to Rs. 4,800/-. Taking into consideration the young age of the deceased, it is fit case in which multiplier of 16 should be applied. By applying a multiplier of 16, the total amount of compensation to which the claimants would be entitled, comes to Rs. 76,800/-. The claimants are also awarded 12% p.a. interest from the date of claim petition. Out of the amount of compensation awarded by this Court, a sum of Rs. 57,600/- as already awarded by the Tribunal is to be adjusted.
(3.) LEARNED Counsel for the Insurance Company contended that since the widow of the deceased has remarried, she is not entitled to any enhanced compensation. I am inclined to accept this contention because the mere fact the claimant-widow has remarried will not disentitle her to claim enhanced compensation.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.