- (1.) The present appeal has been filed by the claimants-appellants, seeking enhancement of the compensation awarded by the Learned Motor Accident Claims Tribunal, Chandigarh ('the Tribunal', for brevity) against the impugned award dated 08.06.1999, on account of the death of Constable Banarsi Dass, in a motor vehicular accident. The learned counsel for the appellants submits that compensation has been awarded on account of loss of love and affection and future prospects whereas the amount awarded towards funeral expenses, last rites and loss of consortium is also inadequate.
(2.) I have heard the learned counsel for the parties and perused the record carefully. From the perusal of the record, it is made out that the deceased-Constable Banarsi Dass, was 28 years of age at the time of his death. The learned Tribunal has assessed the salary of the deceased to the tune of Rs. 2,521/- per month and applying the multiplier of 18 as per Schedule 2 to Section 163-A of the Motor Vehicles Act and deducted 1/3rd on account of his personal expenses. Keeping in view the facts that the deceased was 28 years of age at the time of the accident, as per the law laid down in Smt. Sarla Verma v. Delhi Transport Corporation, 2009 3 RCR(Civ) 77, the multiplier should be 17 instead of 18. Ordered accordingly. Keeping in view the age of the deceased 28 years, increase of 50% towards future prospects is allowed as per law laid down by Hon'ble the Supreme Court in Sarla Verma v. DTC, 2009 6 SCC 121. Therefore, on account of 50% increase in future prospects i.e. Rs. 1,260/- is made and the monthly income of the deceased would come to Rs. 3,781/- (Rs. 2,521/- + Rs. 1,260/-) per month. After deducting 1/3rd towards his personal expenses, the dependency would come to Rs. 2,520/- per month. If the above considerations are taken into account, the compensation towards dependency would come to Rs. 2,520/- X 12 X 17 = Rs. 5,14,080/-. The Tribunal has already awarded compensation amounting to Rs. 3,74,100/-. Thus, the balance payable amount would come to Rs. 1,39,980/-. Similarly, in view of judgment rendered by the Hon'ble Supreme Court in Vimal Kanwar and others v. Kishore Dan and others, 2013 2 RCR(Civ) 945, this Court enhances the following compensation, which would meet the ends of justice:-- Ordered accordingly. In view of the above, the claimants-appellants are held entitled to the enhanced compensation of Rs. 3,44,980/- (Rs. 1,39,980/- (dependency) + Rs. 2,05,000/- (under conventional heads) over and above the amount already awarded by the Tribunal, which shall be payable to them, within a period of 45 days from the date of receipt of certified copy of this judgment, failing which, they shall also be entitled to interest @ 7.5% per annum, from the date of filing the present appeal, till its realization. With the aforesaid modification in the impugned judgment the present appeal is partly allowed.;