- (1.) THIS judgment shall dispose of the aforementioned four appeals. FAO -7018 -2011 and 980 -2012, have been filed by the claimants, seeking enhancement, whereas, FAO -83 and 84 -2012, have been filed by the Pepsu Road Transport Corporation (in short 'PRTC') -owner of the offending vehicle, challenging the award dated 26.8.2011, passed by the learned Motor Accident Claims Tribunal, Bathinda (in short 'the Tribunal'), whereby the claim petitions filed by the claimants were allowed and granted them respective compensation.
(2.) LEARNED counsel appearing for PRTC refers to the claim petitions and stated that the bus was moving at a moderate speed on its correct side, whereas the truck bearing registration no.PB - 13T/9797, driven by Paramjit Singh coming from opposite side in rash and negligent manner, struck against the bus. He further submits that the deceased Gurjant Singh was 44 1/2 years of age at the time of accident, therefore, the multiplier of 14 should be applied in view of Sarla Verma and others vs. DTC and another, 2009 3 RCR(Civ) 77. He further submits that in the case of death of Harbhajan Singh, the deceased was unmarried, therefore, 50% deduction towards personal expenses should have been taken.
(3.) LEARNED counsel appearing for the Insurance Company submits that the learned Tribunal has rightly held liable driver of the offending bus. He further submits that the Insurance Company has already been exonerated from its liability as the bus was not insured at the time of accident. It is argued by the learned counsel for the claimants in FAO 980 -2012, that deceased Gurjant Singh, was working with PRTC as a regular employee. Despite that, no amount has been awarded towards future prospects. He further submits that no amount has been awarded towards loss of love, care and guidance to the children, whereas a meager amount of Rs.5000/ - towards towards funeral expenses and Rs.5000/ - towards loss of consortium have been awarded. In FAO -7018 -2012, learned counsel for the claimants submits that the deceased was 25 years of age at the time of death. No amount has been awarded towards future prospects and loss of love and affection to the mother.;