- (1.) The claimants are in appeal seeking enhancement of compensation in regard to death of their 08 years old son in a motor vehicular accident. The Motor Accident Claims Tribunal, Panipat (in short "the Tribunal") has assessed income of the deceased at Rs. 1200/- per month, allowed multiplier of 11 and computed loss of dependency at Rs. 1,58,400/-. Another amount of Rs. 10,000/- has been allowed towards expenses on funeral. As the deceased has been held to be liable for accident to the extent of 50%, the claimants-appellants have been awarded compensation of Rs. 84,200/-.
(2.) Counsel for the appellants contends that as the deceased was a child of 08 years of age, the driver of the offending vehicle was obligated to take extra care and was required to stop the vehicle and allow the child to cross the road. It is further argued that the driver of the offending vehicle did not appear in the witness box to counter the statements of the witnesses or state on oath that there was nothing lacking on his part while the vehicle hit the child.
(3.) With regard to quantum of compensation assessed by the Tribunal, counsel has submitted that a multiplier of 15 is required to be adopted. Compensation for loss of love and affection is required to be given to the claimants. The claim in regard to funeral expenses is liable to be enhanced.;