- (1.) This is the claimants' appeal seeking enhancement of the compensation allowed to them vide award dated 18.12.2012 passed by the Motor Accident Claims Tribunal, Ferozepur (here-inafter referred to as the Tribunal).
(2.) A claim petition was filed seeking compensation for the death of Nirmal Singh. Nirmal Singh was stated to be 30 years old and was carrying agricultural pursuits. He was earning Rs.45,000/- per month. The Tribunal noted that there was no document and taking the deceased to be an agriculturist and keeping in view the average income of such like farmers, the income was assessed at Rs.10,000/- per month. His contribution to the family was taken to be Rs.5500/-. Keeping the relative ages of the claimants, multiplier of 11 was applied and compensation was calculated as Rs.7,26,000/-. A sum of Rs.25,000/- was added on other heads. The liability of payment of compensation was placed upon the driver. The claim against the insurance company was dismissed.
(3.) The submission made on behalf of the appellants is that the deceased was cultivating 7 acres of land and his income was taken as Rs.10,000/- per month and the Tribunal without applying the formula, laid down in various authorities, made a deduction of Rs.4,500/- towards personal expenses and the deduction could not be more than 1/3rd deduction. It was urged that no amount towards future prospects was added as per Rajesh & Ors. Vs. Rajbir Singh & Ors. 2013(3) RCR(Civil) 170. It was urged that the deceased owned a car and the multiplier applicable should have been 17 and the appellants were entitled to compensation on the conventional heads i.e. loss of love and affection.;