The main legal point established in the judgment is the application of the multiplier, assessment of future prospects, and determination of income and age-related factors in calculating compensation for injuries and death in a motor accident case.

1. Two appeals have been preferred against the award passed by the Motor Accident Claims Tribunal, Chandigarh dated 9.9.2011 seeking enhancement of compensation allowed to Lakhbir Singh for the injuries and to Kanwaljeet Kaur and her daughter in respect to the death of Harpreet Singh.

2. Coming to the appeal filed by Lakhbir Singh first, he was injured in the accident which occurred in the intervening night of 24/25.10.2008. He was sitting on the pillion of a motor cycle driven by Harpreet Singh. They were going towards the bus stand and were proceeding from the side of the light point Sector-17/18, Chandigarh. They had reached near the bus stand at 1.10 A.M. when a car driven by Gaurav Kaushik came from behind and hit the motor cycle. Harpreet Singh fell on the road and received injuries and later died. Lakhbir Singh also sustained injuries.

3. Lakhbir Singh was 26 years old and was working with Modern Tent Services. It was claimed that he was getting Rs. 4,000/- per month as salary. He had suffered permanent disability to the tune of 12% as there was a fracture L4 vertebra which resulted in restriction in movement of the spine.

4. The Tribunal noted that there was no evidence with respect to the income but took the income at Rs. 4,000/- per month which a labourer could earn during that period and assessed the loss to be Rs. 16,000/- and for the disability Rs. 2,000/- was awarded for each percent of disability. It noted that the bills placed on record were to the tune of Rs. 5,847/- and the following compensation was awarded:-

Sr.No.	Head under which amount awarded	Amount
1.	Loss of earning	Rs. 16,000.00
2.	Compensation on account of 12% permanent disability	Rs. 24,000.00
3.	Medical expenses	Rs. 5,847.00
4.	Compensation on account of pain and suffering	Rs. 5,000.00
5.	Expenses incurred on transportation	Rs. 5,000.00
6.	Compensation on account of nutritious diet	Rs. 5,000.00
	Total	Rs. 65,847.00

5. With respect to the death case, the claimants had pleaded that Harpreet Singh was 23 years old and was working with Indiana Fero Alloys on a monthly salary of Rs. 4500/-. He was stated to be unmarried. The Tribunal considered the income to be Rs. 4000/- per month and deducted 50% as the contribution to the family and the annual dependency was taken to Rs. 24,000/- and relying upon Shakti Devi versus New India Insurance Co. Ltd. and another 2010(4) RCR (Civil) 950, it applied the multiplier keeping the age of the claimants into account i.e. 13 and assessed the compensation to be Rs. 3,12,000/- and Rs. 10,000/- was added on account of transportation, funeral and last rites.

6. The submission on behalf of appellant Lakhbir Singh was that the Tribunal had not granted any compensation for the disability nor had awarded any amount for pain and suffering and attendant charges. It was urged that on account of the fracture movement is painful and it affects his day to day working and his prospects of getting a better job had diminished and some addition should be made keeping the future prospects in mind and the multiplier should have been applied to find out the loss of functional disability. Reliance has been placed on 'Syed Sadiq etc. versus Divisional Manager, United India Ins. Co. 2014(1) R.C.R. (Civil) 765'. The claimant had sustained a fracture of the L4 vertebra and the disability was assessed at 12% of the entire body. The functional disability would not be more than 6%. I am inclined to hold that the Tribunal had erred in not ascertaining the functional disability.

7. The claimant had suffered a fracture of the vertebra and he will not be able to bend forward or lift heavy material which would be essential when he is taken to be a labourer. Therefore, I am inclined to observe that the claimant has got the functional disability to the extent o