- (1.) This is an appeal for enhancement of compensation which was awarded by Motor Accident Claims Tribunal (D.J.), Hanumangarh in Motor Accident Claims Case No. 606/1994 titled as Raj Bala & Ors. vs. R.S.R.T.C. & Ors. Claim had been filed in Motor Accident Claims Tribunal on 1.12.1994. The deceased was posted as Hawaldar in Army and the claimants are his widow and two minor sons and one minor daughter. The facts which are not in dispute in this case are to the effect that deceased Dilbag Singh was going on a scooter on 27.8.1994 and because of rash and negligent driving of bus No. RJ 14 P. 0258 of R.S.R.T.C., the scooter collided with the bus and Dilbag Singh, who was driving the scooter, succumbed on the spot due to injuries.
(2.) The Motor Accident Claims Tribunal, Hanumangarh has awarded an amount of Rs. 55,400/- (Rs. fifty four thousand five hundred) as compensation to the claimants and the calculation made by the Tribunal is as follows:- (i) the deceased was earning a salary of Rs. 2300/- per month as per the statement of his wife. Out of this salary, the deceased would have spent 1/3rd portion of income on himself and he would have spent 2/3rd of the salary on his family, so at the most, he would have spent Rs. 1500/- on his family and family pension is Rs. 1300/- per month which is being received by the family, so financial loss to the family was assessed as Rs. 200/- per month only and since Raj Bala was of 29 years of age at the time of death of her husband, so a multiplier of 16 was applied by the Motor Accident Claims Tribunal and so, Rs. 200 x 12 x 16 = Rs. 38,400/- were held payable as per the schedule given in Motor Vehicles Act. An amount of Rs. 15,000/- was awarded for loss of love and affection and loss of consortium and an amount of Rs. 2,000/- was awarded for funeral expenses and thus, in total, Rs. 55,400/- was awarded to the claimants, out of which Rs. 50,000/- had already been paid as interim compensation to the claimants, so the remaining amount of Rs. 5,400/- only was held payable to the claimants with 12% interest per annum from 11.2.1994 on this amount.
(3.) The learned counsel for the appellants has argued that the Government servant aged 30 years has died in the accident leaving behind young widow and three minor children and so the amount be enhanced to make it just compensation. It has been argued on the basis of Kishan Gopal and another vs. Lala and others, 2013 0 ACJ 2594, that in a case of death of a ten years old boy in a motor accident, an amount of Rs. five lacs was awarded as compensation by the Apex Court to the parents of the deceased boy though there was no proof of income of the boy. So, the amount of compensation should be suitably enhanced in present matter also. Looking to the principles laid down in Kishan Gopal's case , it has further been argued that amount of family pension also should not be reduced while calculating the loss of family income. It has further been argued that future prospects of promotion of the deceased should also be taken into account while calculating the compensation.;