Jitendra Chauhan, J. - (1.) This judgment shall dispose of the abovementioned two appeals. FAO 430-1999 has been filed by the claimants, seeking enhancement, whereas FAO1236-1998, has been filed by the Insurance Company challenging the award dated 9.2.1998, passed by the learned Motor Accident Claims Tribunal, Patiala (in short 'the Tribunal'), vide which, a sum of Rs. 2,17,500 has been allowed to the claimants.
(2.) Learned counsel for the Insurance Company submits that the offending vehicle has been wrongly implicated in the present case to get the compensation. Neither any FIR, nor any complaint was made against the driver of the Bus No. PBP-4905.
(3.) Learned counsel appearing for the claimants refers to Ex.P-1 and submits that the deceased owned 32 bighas of land and earning Rs. 50,000/- per annum, whereas, the learned Tribunal assessed his income at Rs. 2000/- per month, which is inadequate. He further submits that he left behind five dependents. Therefore, in view of the Smt. Sarla Verma and others v. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77 deduction of 1/4th towards personal expenses of the deceased should be taken. The amount awarded conventional heads is also inadequate. No amount has been awarded towards loss of love, care and guidance to the children.;