JUDGEMENT
S.D.Anand, J. -
(1.) Claimants are legal representatives of Gurdev Singh, in whose favour an award for compensation to the tune of Rs. 3,52,000/- with costs and interest at the rate of 12% per annum from the date of filing of petition till the date of payment thereof, had been passed by the learned Motor Accident claims, Tribunal, Ambala (hereinafter referred to as the Tribunal). The amount was payable jointly and severally by the respondent Nos. 1 and 2. Feeling dissatisfied with the adequacy of the compensation awarded, claimants have filed the present F.A.O. for enhancement. No cross-objection or cross appeal has been filed on behalf of the respondents.
(2.) I have heard Mr. Jagdish Machanada, learned Counsel for the appellant and Mr. J.S. Pannu, learned Assistant Advocate General, Haryana on behalf of respondent No. 2-State. None appeared on behalf of the respondent No. 1driver.
(3.) Mr. Jagdish Manchanda, learned Counsel for the appellants argued that the claim awarded by the Tribunal warrants enhancement on the following counts:
(a) The Tribunal had ordered the applicability of multiplier of 16; whereas the multiplier applicable ought to have been of 17; (b) The Tribunal ought not to have ordered the deduction of l/3rd as the amount for the personal upkeep of the deceased as he had a large family to support; (c) The claimants had adduced evidence to the effect that the deceased had much higher income from the date (sale?) of tractors and he was earning a much higher amount as commission from L.I.C. business and further that his income from the agriculture holding was much higher than the assessment made by the Tribunal.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.