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2017 Supreme(P&H) 868

ANITA CHAUDHRY
Rekha Rani – Appellant
Versus
Subhash – Respondent


Advocates:
For the Appellant:Ms.Suman Nandal, Advocate for
Mr. Kulvir Narwal, Advocate.
For the Respondent No. 1:Mr. Sandeep Singh, Advocate.

JUDGMENT

Mrs. Anita Chaudhry, J.: - This is the claimant’s appeal seeking enhancement in the award dated13.7.2015 passedbytheMotorAccident Claims Tribunal, Rohtak.

2. Shashi Kapoor, the husband of the appellant, died in a vehicular accident which occurred on 25.10.2013. He was 43 years old and was working as a driver. The claimant had pleaded that her husband was getting a salary of Rs. 12,000/- per month besides Rs. 6,000/- which he was earning by supervising construction work. Sandeep PW-4 deposed that he was paying Rs. 12,000/- per month to the deceased. The Tribunal rejected the oral statement of PW-4 as no record, books of account or returns were filed. The Tribunal took the income to be Rs. 8,000/- per month and correctly applied the multiplier and made a deduction of 1/3 rd and calculated the compensation to be Rs. 8,96,000/-. An addition of Rs. 50,000/- was made forlossofconsortiumandRs.25,000/-for funeral expenses.

3. The submission on behalf of the appellant is that less income was taken and addition of future prospects should be made in view of Rajesh versus Rajbir reported in (2013) 9 SCC 54. It was urged that Rs.1,00,000/-shouldhavebeen awarded for loss of consortium.

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