Ajay Kumar Mittal, J. - (1.) THE claimants feeling dissatisfied with the quantum of the compensation awarded by the Motor Accident Clams Tribunal, Patiala (in short "the Tribunal") have approached this Court by way of instant appeal for enhancement of the compensation.
(2.) ON 3.7.1995 at about 6.55 PM, Gurmukh Singh was coming on scooter No. CH -01 -7451 from Rajpura to his workshop at Bus Adda, Sheikhpura and when he reached near Bus Adda, Dhareri Jattan, a bus bearing No. PB -11B -9357 coming from the side of Patiala at a high speed struck the scooter, as a result of which Gurmukh Singh fell down. Said Gurmukh Singh was removed to Rajindra Hospital, Patiala where he died. According to the claimants, the accident had occurred due to rash and negligent driving of bus by Tarsem Lal Driver. In this regard, FIR No. 152 was registered on 3.7.1995 under Sections 279, 304 -A, 427 of the Indian Penal Code at Police Station Sadar, Patiala. The claimants filed a petition under Section 166 of the Motor Vehicles Act, 1988 for compensation of Rs. 10 lacs. The claim petition was contested by respondents No. 1 and 2 by filing separate written statements. Besides controverting the averments made in the claim petition, it was pleaded that no accident took place due to rash and negligent driving of the bus. It was further pleaded that both the scooterists were in drunken condition and when the bus was about 50 yards away from them, they tried to cross each other and as a result of which dickeys and stipneys of their scooters collided with each other and they became unbalanced. From the pleadings of the parties, the Tribunal framed the following issues: - 1. Whether the death of Gurmukh Singh took place due to rash and negligent driving of respondent no.1 Tarsem Lal? OPA 2. If issue No. 1 is proved to what amount of compensation, the claimants are entitled to and from whom? OPA Whether respondent No. 1 was not holding valid driving licence at the time of alleged accident? OPR
(3.) RELIEF . 3. The Tribunal while deciding issue No. 1 in favour of the claimant held that the accident took place due to rash and negligent driving of Bus No. PB -11B -9357 by driver Tarsem Lal -respondent No. 1. Under issue No. 2, the claimants were awarded compensation of Rs. 2,50,000/ - on account of death of Gurmukh Singh. No arguments were advanced under issue No. 3 by the counsel for the respondents. Accordingly, the Tribunal vide award dated 2.3.2000 awarded compensation of Rs. 2,50,000/ - to be paid jointly and severally by the respondents within a period of two months from the date of award failing which they shall pay interest @ 10% per annum from the date of claim petition till its realization. 4. Learned counsel for the appellants submitted that the claimants were entitled to compensation on account of death after adding 50% of the income on account of future prospectus and after deducting 1/6th of the amount which the deceased would have spent upon himself. According to the learned counsel, the deceased being 28 years of age, suitable multiplier in terms of Sarla Verma v. Delhi Transport Corporation and another : (2009) 6 SCC 121, was 17. In addition thereto, the amount was also claimed on account of compensation to the family members for loss of love and affection, deprivation of protection, social security etc. and also compensation to the widow of the deceased for loss of love and affection, pains and sufferings, loss of consortium, deprivation of protection, social security etc.;