- (1.) THIS is the claimants' appeal seeking enhancement in the compensation awarded to them by the Motor Accidents Claims Tribunal, Bathinda vide its award dated 17.08.1990.
(2.) A claim was preferred by the legal heirs of Avtar Singh deceased, who met with an accident on 01.08.1986. Avtar Singh was a Inspector with the Horticulture Department and was drawing a salary of Rs.1866.10/ - per month. His date of birth was disclosed as 04.12.1964. The Tribunal took the income to be Rs.1900/ - per month and deducted Rs.600/ - towards personal expenses and after applying the multiplier of 16, awarded compensation of Rs.2,50,000/ -(rounded off).
(3.) THE contention on behalf of the appellant is that as per the decision of Hon'ble Apex Court in Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009 6 SCC 121, 50% of the income should be added towards future prospects and the multiplier should have been 1/4th and the claimants were also entitled to funeral expenses and an amount towards loss of consortium and loss of love and affection. Reliance has been placed upon Rajesh and others Vs. Rajbir and others, 2013 3 RCR(Civ) 170. Per contra, the submission made on behalf of learned counsel for respondent no.1 is that the accident had occurred in the year 1986 and the compensation towards funeral expenses and on account of loss of consortium cannot be awarded at the same rate as awarded in the year 2013 and a proportionate cut should be made. It was urged that the deduction made by the Tribunal towards personal expenses was proper.;