Santosh Rani and Others vs Bahadur Singh and Others

Rajan Gupta, J.—Dissatisfied with the quantum of compensation granted by the Tribunal, claimants have preferred the instant appeal before this court. Learned counsel for the appellants submits that the deceased was 52 years of age at the time of his death. Tribunal has applied multiplier of 11 which is on the lower side. This apart, compensation for funeral expenses, loss of estate and loss of consortium etc. is also on the lower side.

Learned counsel for the insurance company submits that adequate compensation has been awarded to the appellants for the death of deceased Amarjeet Singh alias Amarjeet Sharma.

I have heard learned counsel for the parties and given careful thought to the facts of the case. It appears that accident took place on 1.5.2007 in which one Amarjeet Singh alias Amarjeet Sharma died. Claim petition was preferred by his legal heirs before the Tribunal. After the court came to the conclusion that offending vehicle was being driven in rash and negligent manner, it awarded compensation to the tune of Rs. 2,86,440/-. Taking the income of the deceased as Rs. 3250/- and dependency as Rs. 2167/- per month, multiplier of 11 was applied. In my considered view, this multiplier has rightly been applied by the tribunal and compensation correctly worked out. However, appellants would be entitled to another sum of Rs. 10,000/- for funeral expenses and Rs. 15,000/- for loss of estate/consortium etc. Appeal is allowed in these terms. Award passed by the tribunal is modified accordingly. Enhanced amount be disbursed in the same proportion and same manner as done by the tribunal.