United India Ins.Co.Ltd. v. Paramjit Kaur Etc.

The Tribunal in the present case had awarded the following compensation:

Monthly Income Rs.1,300/- per month

Multiplier Total Compensation awarded Rs.2,34,000/-

6.

In view of this fact, the appeal preferred by insurance company is accepted to the extent that the appellant-insurance company shall be liable to

pay compensation at the first instance with right to recover along with interest from respondent Nos.4 to 8, owner and driver by filing appropriate execution. XOBJC-36-2019 7.

Claimants-respondents have preferred the present appeal being the wife, son and mother of the deceased. Being aggrieved by the impugned award dated 05.01.2002 passed by the Motor Accident Claims Tribunal, Gurdaspur (hereinafter referred to as "Tribunal"), vide which the claimants-respondents were found entitled to total compensation of Rs.2,34,000/-, the claimantsrespondents are seeking enhancement of compensation awarded by the Tribunal as the same is not according to their entitlement. 8.

Since the factum of the accident is not in dispute, the facts, as recorded in the impugned award passed by the Tribunal are not being adverted herein for sake of brevity.

9.

earned counsel for the respondentsclaimants further contended that the amounts awarded under the conventional

heads as well as under the head 'loss of consortium' are not in accordance with the law laid down by the Hon'ble Supreme Court. 0.

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Keeping in view the age of the deceased as 38 years an addition of 40% towards future prospects ought to be taken. Since, the deceased is survived by three dependants and therefore, the learned Tribunal ought to have taken 1/3rd deduction towards personal expenses. Further, the respondents -claimants would be entitled to Rs.15,000/- each under the head loss of spousal, parental and filial consortium, Rs.7,500/- for funeral expenses and Rs.7,500/- for loss of estate.

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