- (1.) This is an appeal for enhancement of compensation preferred by the widow and children of deceased Naresh Kumar. The claim was allowed vide award dated 19.04.2004 by Motor Accident Claims Tribunal, Patiala.
(2.) Naresh Kumar was a Veterinary Pharmacist, aged 41 years who died in an accident which took place on 16.12.2001. As per the salary certificate, his total salary was Rs.9,310/- per month. The Tribunal deducted the amount of house loan, GIS and the contribution to GPF and took the salary to be Rs.7,580/- per month. After making a deduction of 1/3rd towards personal expenses and applying the multiplier of 11 allowed compensation of Rs.6,60,000/-. The claimants are aggrieved with the award and have filed this appeal.
(3.) The contention raised by the appellant is that the gross salary of Rs.9,310/- per month should have been taken into consideration while calculating compensation and as per the decision of Hon'ble Apex Court in Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009 6 SCC 121, 30% increase should have been allowed towards future prospects and as per the decision of Hon'ble Apex Court in Rajesh and others Vs. Rajbir and others, 2013 3 RCR(Civ) 170, the amount towards funeral expenses, the amount towards consortium and love and affection for the children should be given and lastly the multiplier should have been 14 instead of 11 considering Sarla Verma's case . It was further urged that Tribunal had ordered the payment of the compensation within three months and only thereafter, the interest was to commence and they should not be deprived of the interest and it should be allowed from the date of filing of the claim petition till it is actually paid. Reliance was also placed upon Shyamwati Sharma & Ors. Vs. Karam Singh & Ors., 2010 3 RCR(Civ) 741.;