The main legal point established in the judgment is the application of legal precedents and principles to enhance the compensation awarded under various heads in motor accident claim cases.

AVNEESH JHINGAN, J.

1. The present appeal has been filed against the decision dated 01.12.2011 passed by Motor Accident Claims Tribunal, Ropar (for short, 'The Tribunal').

2. Avtar Singh aged 43 years lost his life in an accident on 19.04.2010. He was standing at bus stand Doomcheri to board a bus. He was hit by Trolla Tailer bearing registration No. PB-11-AF-9271. The Trolla fled away after the accident but was apprehended near Sirhind bypass, Morinda. Avtar Singh suffered grievous injuries and was shifted to Civil Hospital, Morinda by the local police where he was declared dead. FIR No. 54, dated 19.04.2010, under Section 279/304-A IPC was registered at Police Station, Morinda.

3. A claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed by the widow, two minor sons and one minor daughter of the deceased. They claimed Rs. 25,00,000/- (Rupees Twenty Five Lacs only) as compensation.

4. The Tribunal after considering the evidence and witnesses awarded a sum of Rs. 9,19,000/- along with interest at the rate of 9% per annum. The said amount included Rs. 10,000/- awarded for loss of consortium, another Rs. 10,000/- for loss of love and affection and for funeral expenses Rs. 5,000/- was awarded.

5. I have heard learned counsel for the parties and perused the paper-book.

6. There is no dispute with regard to the facts of the case by either of the parties.

7. Learned counsel for the appellants argued that the monthly income of the deceased was assessed as Rs. 8,000/- as he was working as a Mason. He is not disputing the income assessed. His grievance is that the Tribunal made a deduction of 1/3rd on account of self expenses whereas it should have been 1/4th.. He further contended that the amounts awarded under the three heads are on the lower side.

8. Learned counsel for the respondents defended the award and argued that amount awarded is already on the higher side and no further interference is called for. He further argued that in spite of the fact that no specific proof of income was given, the Tribunal has assessed the income as Rs. 8,000/- per month.

9. The contentions raised by learned counsel for the appellants have merit and deserve to be accepted.

10. With regard to the deduction, the Hon'ble Apex Court in 'Sarla Verma and Others Vs. Delhi Transport Corporation and Another, 2009 (3) RCR (Civil) Page 77' has held that where the dependents of the deceased are 4 to 6 the, deduction of 1/4th should be made for self expenses. As per this decision the loss of dependency is re-calculated as under:-

1. Rs. 96,000/- annual income as assessed by the Tribunal.

2. Minus Rs. 24,000/- as 1/4th deduction for self expenses.

3. Rs. 72,000/- x 14 = 10,08,000/-

11. So far as the enhancement of compensation under conventional heads is concerned, the Hon'ble the Apex Court in Asha Verman and others Vs. Maharaj Singh and others, 2015(4) SCC (Civil) 767, held as under:

“17. Further, the High Court has erred in awarding only Rs. 5,000/- each towards loss of estate, funeral expenses and loss of consortium. We award Rs. 1,00,000/- towards loss of estate according to the principles laid down in the case of Kalpanaraj & Ors. v. Tamil Nadu State Transport Corporation, 2014 (2) R.C.R.(Civil) 876: 2014 (3) Recent Apex Judgments (R.A.J.) 112: 2014 (5) SCALE 479, Rs. 25,000/- towards funeral expenses and Rs. 1,00,000/- towards loss of consortium as per the principles laid down by this Court in the case of Rajesh & Ors. Vs. Rajbir Singh & Ors., 2013 (3) R.C.R. (Civil) 170; 2013(3) Recent Apex Judgments (R.A.J.).659; (2013) 9 SCC 54.

18. Further, we award Rs. 1,00,000/- each to the appellant-children towards loss of love and affection due to the loss of their father(deceased) as per the decision of this Court in the case of Juju Kuruvila & Ors. vs. Kunjujamma Mohan & Ors., 2013(3) R.C.R. (Civil) 817 : 2013(4) Recent Apex Judgments (R.A.J.) 36