- (1.) The present appeal has been filed by Smt.Saroj Bala (widow), Preeti Gandhi, Rajni Gandhi and Saloni Gandhi (appellant Nos.2 to 4 unmarried daughters) and Ajay Gandhi (minor son) of Radhe Sham @ Radhe Shayam for enhancement of the award dated 04.04.2013 passed by the learned Motor Accidents Claims Tribunal, S.A.S.Nagar, Mohali, (for brevity "learned Tribunal") whereby a sum of Rs. 8,61,868/- along with interest at the rate of 9% per annum from the date of filing of the claim petition till realization was granted in favour of the appellants.
(2.) Learned counsel for the appellants submits that Radhe Sham (since deceased) aged about 51 years, was doing a private job at the shop of his brother Wazir Chand (respondent No.1) and was getting a salary of Rs. 9,000/- per month. The learned Tribunal has wrongly discarded the said fact and assumed Rs. 5,000/- as monthly income of Radhe Sham (since deceased). In fact the learned Tribunal should have assessed the monthly income at the rate of Rs. 9,000/- per month. He further submits that Rs. 10,000/- awarded under the head of 'consortium' is against the ratio of the judgment delivered by Hon'ble the Supreme Court in the matter of Rajesh and Others vs. Rajbir Singh & Ors, 2013 3 RCR(Civ) 170, in fact the learned Tribunal should have awarded Rs. 1,00,000/- under the said head and Rs. 25,000/- for funeral expenses. It has also been submitted that the learned Tribunal has failed to award for love and affection to three unmarried daughters and a minor son of Radhe Sham (since deceased). He further submits that the learned Tribunal has awarded the interest at the rate of 9% against the settled norm of 12% per annum.
(3.) On the other hand, learned counsel for the Insurance Company submits that the learned Tribunal has wrongly deducted 1/5th income on account of personal expenses of Radhe Sham (since deceased) whereas, it should have been 1/4th He further submits that the learned Tribunal had rightly held that there was no material evidence to prove that Radhe Sham (since deceased) was getting Rs. 9,000/- per month as salary from his brother where he was doing a private job and as such, the learned Tribunal has assumed the notional income as Rs. 5,000/- per month. Though the employer of Radhe Sham (since deceased) has not denied the fact that Radhe Sham was getting Rs. 9,000/- per month but the said employer has failed to step into the witness box as such, there is no supporting evidence that Radhe Sham (since deceased) was getting Rs. 9,000/- as salary. He further submits that the learned Tribunal has already awarded just compensation, therefore, there is no scope for enhancement.;