The court applied legal precedents and principles to recalculate and enhance the compensation awarded under the Motor Vehicles Act, 1988, based on the specific circumstances of the case.

Avneesh Jhingan, J.

Present appeal has been filed against the award dated 01.10.2001 passed by the Motor Accidents Claims Tribunal, Rupnagar (for short 'the Tribunal').

2. This was burnt case and has been reconstructed from the salvaged record and copies supplied by counsel subject to all just exceptions.

3. Brief facts relevant for the decision of the present appeal are that on 23.11.1999, Harpal Singh aged 45 years was travelling in a car bearing registration No. CH-01-3144. Near village Bharatgarh, the car was struck by rashly and negligently truck bearing registration No. HP-11/2136. As a result of the accident, Harpal Singh lost his life and Surinder Chaudhary, suffered injuries. FIR No. 211 dated 23.11.1999 was registered at Police Station Rupnagar.

4. Claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act).

5. The claim petition was filed by widow, major son and daughter (both unmarried) and minor son. The Tribunal awarded a sum of Rs.6,19,200/- along with interest at the rate of 9 per cent per annum.

6. Aggrieved of the said award, the present appeal has been filed for enhancement of compensation.

7. I have heard learned counsel for the parties and perused the papers book.

8. Learned counsel for the appellants argues that the deceased was 45 years of age. He was working as Inspector in the Food and Supply Department, Punjab and his salary certificate was produced as Ex.P-12. According to Ex.P-12, his basic salary was Rs.6400/- plus DA to the tune of Rs.2368/- and other allowances were also paid. The grievance is that the Tribunal has assessed the dependency as Rs.4300/- per month ignoring the salary certificate. Further grievance is that multiplier of 12 has been wrongly applied when the deceased was 45 years of age.

9. Learned counsel for the appellants contended that no amount has been awarded under the conventional heads. It is argued that the deceased was a government servant and therefore, future prospects should have been awarded. Learned counsel further argued that the Tribunal has wrongly deducted 1/3rd for self expenses.

10. Learned counsel for the respondents defended the award and argued that if the entire salary is to be accepted then income tax has to be deducted. Further, he contended that in the present case son and daughter were major, therefore, deduction of 1/3rd for self expenses has rightly been made.

11. The contention raised by learned counsel for the appellants deserves acceptance. Ex.P-12 has not been disputed either before the Tribunal or in this Court. As per Ex.P-12 (last pay certificate), the deceased was drawing his basic salary plus D.A. totaling to Rs.8768/- plus other allowances.

12. Since the record of the case was burnt, it would not be possible to exactly calculate the income tax, if applicable on the salary of the deceased. It may be further noted that salary includes other allowance also for the present purposes only, basic salary and DA is being considered.

13. The contention of the learned counsel for the appellants that 1/4th deduction for self expenses should have been made, also deserves acceptance. It has come on record that both daughter and son were unmarried and it has not been proved that they were earning of their own. In such circumstances, they would be dependent upon their father.

14. The Hon'ble Apex Court in case Sarla Verma & Ors Vs. Delhi Transport Corp.& Anr, 2009(3) RCR (Civil), 77 held that if dependents are 4 to 6 in number, then the 1/4th deduction for self expenses has to be made.

15. The contention of learned counsel for the appellants regarding future prospects is also covered by the decision of the Hon'ble Apex court in Sarla Verma's case (supra). In case of 45 years old, 30% future prospects has to be added. The dependency compensation is recalculated as below:-

16. Basic salary (Rs.6400 + Rs.2368/- DA) totaling to