Amol Rattan Singh, J. - (1.) The four appellants in this appeal, seek enhancement of the compensation awarded to them by the learned Motor Accident Claims Tribunal, Panchkula, vide its Award dated 30.07.2005, by which a total compensation of Rs. 4,25,000/ - was awarded to them, for the death of Iqbal Singh, husband of appellant No. 1 and father of appellants No. 2 to 4.
(2.) Iqbal Singh Bakshi is stated to have been travelling from Bareilly to Kolkata, driving his own truck bearing registration No. HR -37 -7700, with Rattan Singh travelling alongwith him, as the cleaner of the truck. At about 7:00 PM, when they reached near Methan O.P., at Sanjay Gandhi Chowk, Chirkunda barrier, Iqbal Singh is stated to have parked his truck on the left side of the road, in front of a hotel on the Bareilly Kolkata road. Another truck, bearing registration No. DL -IG -8685, is also stated to have been parked ahead of Iqbal Singhs' truck, both on the 'kutcha' berm on the side of the road. When Iqbal Singh was cleaning the wind screen/mirror of his truck, it was alleged that respondent No. 1, Nirmal Singh, started the other truck and reversed it, causing it to hit Iqbal Singh, who was unfortunately crushed between both the trucks and died on the spot due to multiple injuries suffered by him. Thus, the accident is stated to have been taken place solely because of the negligence of respondent No. 1. The learned MACT, upon evidence led before it, held respondent No. 1 guilty of negligence and awarded the aforesaid amount of Rs. 4,25,000/ - as compensation to the appellants -claimants. The respondents not being in appeal against the finding on negligence, this Court is only to consider the claim for enhancement of compensation, in this appeal.
(3.) Iqbal Singh was found to be 49 years of age by the learned MACT, on the basis of his date of birth given by appellant No. 1 (20.10.1953), though the post mortem report showed him to be 47 years of age. On the basis of the income tax return filed by the deceased, for the year 2001 -02, which was filed on 19.01.2003, i.e. before the death of Iqbal Singh, the learned Tribunal held that the annual income of the deceased was Rs. 48,000/ -, though the subsequent return for the year 2002 -03, filed on 12.03.2004, i.e. after his death, showed his income to be Rs. 1,55,400/ -. Thus, holding the latter return to be exaggerated, his income was taken to be Rs. 48,000/ -, as it was not shown that Iqbal Singh had bought an additional vehicle during the interim period, from which such a high increase in the income could have accrued, within one year. To the above income of Rs. 48,000/ - per annum, a deduction of 1/3rd was applied by the Tribunal, towards the personal expenses of the deceased, and the dependency of the appellants was thus worked out to be Rs. 32,000/ - per annum. A multiplier of 13 was applied and consequently, the total loss of income to the claimants (present appellants), was assessed as Rs. 4,16,000/ -. A sum of Rs. 9000/ - was awarded for the last rites of the deceased, though the appellants claimed that they had spent Rs. 30,000/ - on the transportation of Iqbal Singhs' body (from the Bareilly -Kolkata road to their home in District Panchkula) and on his last rites. On the total compensation of Rs. 4,25,000/ -, interest @ 7.5% per annum was awarded, from the date of institution of the claim petition till the date of realization of the amount. Nominal costs were also awarded.;