- (1.) This appeal has been filed by the claimants for the enhancement of compensation on account of death of Sh. Tota Ram, aged 30 years, in a motor vehicular accident on 22.04.2006.
(2.) The brief facts of the case are that on 22.04.2006, Tota Ram (since deceased) alongwith two other persons namely Mota Singh @ Moti Singh and Rakesh were going from Panchkula to Dera Bassi in a three- wheeler bearing registration No.HR-68-5760. When they reached near Police Lines, Sector 25, Panchkula, the offending bus bearing registration No.HR37-A-2651 came from the front side. There was a head on collusion, as a result of which Tota Ram died at the spot.
(3.) The Tribunal while taking the income of Rs.4000/- p.m. assessed the dependency at Rs.3,000/- p.a. by applying the deduction of 25% and held that multiplier of 17 should be applied. The Tribunal awarded Rs.10,000/- towards cremation and last rites and Rs.5,000/- to the appellant No.1-widow towards the loss of consortium and awarded total compensation of Rs.6,12,000/- along with interest @ 7.5% p.a. Consequently, the total amount of compensation works out to Rs.6,27,000/-. Learned counsel for the appellants has argued that in this case the tribunal erred in deducting 25% from the income, however in the present case there are 6 dependents. I find this to be correct and consequently reduce the deduction to 20%.;