G.P. Mittal, J. (Oral):

1. This appeal is directed against the judgment dated 7.01.2013 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.12,61,570/- was awarded in favour of Respondents no.1 to 6 for the death of Shaukat Ali who died in a motor vehicular accident which occurred on 28.5.2010.

2. During inquiry before the Claims Tribunal, it was pleaded that deceased Shaukat Ali was supplying milk and earning Rs.10,000/- per month. The Claims Tribunal in the absence of any evidence with regard to the business carried on by the deceased, took the minimum wages of a matriculate (as per deceased’s qualification); added 30% towards future prospects in view of decision in Santosh Devi vs. National Insurance Company Limited & Ors.: II(2012) ACC 377 (SC); deducted 1/4th towards personal and living expenses considering the number of dependents to be six and computed the loss of dependency as Rs.11,31,570/-. The Claims Tribunal further awarded a sum of Rs.1,30,000/- towards non-pecuniary expenses to award the overall compensation of Rs.12,61,