GIAN ANAND GUPTA Vs. SURMUKH SINGH DRIVER PUNJAB ROADWAYS
LAWS(P&H)-1993-9-32
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 07,1993

GIAN ANAND GUPTA Appellant
VERSUS
SURMUKH SINGH DRIVER PUNJAB ROADWAYS Respondents

JUDGEMENT

- (1.) THE Motor Accident Claims Tribunal, Rupnagar, (hereinafter referred to as the Tribunal), vide its award dated July 20, 1985, had awarded a total compensation of Rs. 2,32,800/-with 12% PA interest to the claimants on account of the death of Anand Kumar Gupta, Executive Engineer, Claimant No. 1 is the wife, claimants No. 2 and 3 are the daughters and claimant No. 4 is the minor son of the deceased.
(2.) AGGRIEVED against the award of the Tribunal, the claimants-appellants have filed this appeal praying for enhancement of the compensation.
(3.) THE deceased was 46 years old at the time of his death and his monthly salary was Rs. 3451. 20 ps. It was held by the Tribunal that out of this salary, the deceased must have been spending 1/3rd i. e. Rs. 2300/- on his family. On this basis, the annual dependency of the claimants was calculated at Rs. 27,600/ -. It this manner, the average annual dependency of each of the claimants comes to Rs. 6900/ -. The Tribunal in the case of claimant No. 1 had applied a multiplier of 14, whereas in the case, of other claimants, a multiplier of 6 was applied. The Tribunal had accordingly awarded a total sum of Rs. 2,32,800/- as compensation. Out of this amount the claimant No. 1 was to get Rs. 1,01,600/- including Rs. 5000/- on account of injuries sustained by her. In addition, she was also awarded a sum of Rs. 4,000/- as funeral expenses. The claimants No. 2 to 4 were to get Rs. 41,000/- each. In addition respondent No. 4 was also awarded a sum of Rs. 3000/- on account of injuries sustained by him.;


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