SHEKHER DHAWAN, J. - (1.) Present appeal is challenge to the Award dated 28.02.2013 whereby the Motor Accidents Claims Tribunal, Ambala (hereinafter to be referred as 'The Tribunal') awarded compensation of Rs. 45,40,000/- on account of death of Kiran Pal.
(2.) Relevant facts for the purpose of decision of the present appeal that on 29.08.2011, Kiran Pal (since deceased) was going from Ambala to Pehowa to attend Net Software complaint on motorcycle bearing registration No.PB-20A-5140. He was going on his correct left side of the road. His brother Satpal Singh and Rakesh Sharma were following him on separate motorcycle. At about 08.00 a.m., when they reached in the area of village Lotni, trucks-trolla-carrier bearing registration No.HR-56-A-1378 and HR-56-A-1458 came from back side. Truck trolla No.HR-56-A-1378 was ahead of amongst the two. After overtaking motorcyle of Satpal Singh and Rakesh Sharma, truck trolla No.HR-56-A-1378 hit against motorcycle of Kiran Pal while coming to the extreme left side of the road on kacha berm. As a result of that, Kiran Pal sustained multiplier and greivous injuries. The driver of both the trucks stopped their respective vehicles at a distance of 50-60 yards and thereafter fled away from the spot. The matter was reported to the police vide FIR No. 89 dated 29.08.2011 was registered. Kiran Pal was of the age of about 33 years and was earning Rs. 25,359/- per month as salary and Rs. 1,25,000/-per annum from agriculture. The claimants claimed compensation to the tune of Rs.1 crore. Respondents contested the claim petition on all accounts. 'The Tribunal' after considering the material evidence available on file, awarded compensation of Rs. 45,40,000/-. Being dissatisfied with the awarded amount, the appellants-claimants are in appeal before this Court.
(3.) Learned counsel for the appellants took the plea that most of the facts are not disputed that Kiran Pal (since deceased) was of the age of 33 years . He was having proved salary income of Rs. 25,359/-. Apart from that, he was having agriculture income from four acres of land but 'The Tribunal' has completely ignored his agriculturel income while ascertaining the amount of compensation. 'The Tribunal' has not awarded any amount on account of consortium and love and affections for the minors. Minimum amount on account of funeral expenses has not been awarded.;