- (1.) Rajbir, a Constable in Delhi Police died as a result of motor vehicle accident on 06.02.1993. Claimants are the parents of the deceased. It is stated that a truck bearing registration No. HR-13-0686 struck against the deceased resulting in his death. FIR No. 58, dated 06.02.1993 under Sections 279 and 304A IPC was registered at Police Station Bahadurgarh. Deceased was unmarried and 24 years of age at the time of accident. The Tribunal awarded a sum of Rs. 1,44,000/- to the parents of the deceased with interest @ 12 % per annum. Claimants were not satisfied with the compensation awarded by the Motor Accident Claims Tribunal, Rohtak and have come up in the present appeal.
(2.) I have heard learned counsel for the parties and have also carefully gone through the file.
(3.) In this case, salary certificate Ex. PC was produced, which shows that income of the deceased was about Rs. 1,800/- including the dearness allowance. The Tribunal deducted Rs. 600/- as personal expenses and the dependency of the claimants was calculated @ Rs. 1,200/- per month. The Tribunal applied the multiplier as per the age of the parents of the deceased. I am of the view that the calculations made by the Tribunal are liable to be modified. The future prospects of the deceased was not considered. Taking the salary of the deceased Rs. 1,800 per month, 50% income is added as future prospects. Thus, total income comes to Rs. 2,700/- per month. Since the deceased was unmarried, 50% deduction is to be made on account of personal expenses. The dependency of the claimants comes to Rs. 1,350/- per month and multiplier of 18 is to be applied, keeping in view the age of the deceased. The amount of compensation on account of loss of dependency comes to Rs. 2,91,600/- (Rs. 1,350 x 12 x 18). Rs. 25,000/- on account of loss of estate and another Rs. 25,000/- for funeral expenses, and last rites are granted. Rs. 50,000/- on account of loss of love and affection, are allowed. The total amount of compensation comes to Rs. 3,91,600/-. Since the offending vehicle was insured, the amount is to be paid by the Insurance Company of the offending truck. The enhanced amount shall be paid with interest @ 7.5% per annum from the date of filing of the claim petition till its realization. The claimants appellants shall be entitled to the compensation in equal share. The enhanced amount shall be deposited before the Motor Accident Claims Tribunal, Rohtak. The amount shall be deposited in the accounts to be furnished before the Tribunal by the claimants appellants. The appeal is accordingly allowed.;