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2017 Supreme(P&H) 236

ANITA CHAUDHRY
Harbans Kaur – Appellant
Versus
Ravi Kumar – Respondent


Advocates Appeared:
For the Appellant : Mr. Atul Jain.
For the Respondents: Mr. Anil Kumar Spehia and Mr. M.B. Jain.

JUDGMENT :

ANITA CHAUDHRY, J.

1. This appellants are the claimants seeking enhancement of the award dated 16.11.2013, allowed to them by the Motor Accident Claims Tribunal, Kapurthala.

2. Jasbir son of the appellants had died in an accident, which occurred on 02.05.2010. He was 27 years old and was un-married. His annual income was found to be Rs. 25,692/-. Applying the multiplier of 11, after making a deduction of 1/3rd the contribution was calculated and the compensation was assessed at Rs. 2,82,612/-. A sum of Rs. 20,000/- was added towards funeral expenses and a sum of Rs. 20,000/- was added for other rituals. The compensation was apportioned between both the parents in equal share holding all the respondents responsible jointly and severally to pay the compensation.

3. The submission on behalf of the appellants is that the age of the parents should not have been taken to apply the multiplier and age of the deceased should have been taken and the deceased was doing agricultural work and was a milk vendor and used to earn Rs. 30,000/- per month and the Tribunal had wrongly assessed the annual income to be Rs. 25,692/-. It was urged that an addition towards future prospects should ha





















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