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2017 Supreme(P&H) 1901

ANITA CHAUDHRY
Vashla Devian – Appellant
Versus
Rajesh Kumar – Respondent


Advocates:
For the Appellants:Mr. Rajeev Dev Sharma, Advocate.
For the Respondent No. 2.:Mr. Daljeet Singh Kalhon, Advocate.
For the Respondent No. 3:Mr. Rajbir Singh, Advocate.

JUDGMENT

Mrs. Anita Chaudhary, J:- This is the claimants’ appeal seeking enhancement in the award dated 5.5.2014 passed by the Motor Accident Claims Tribunal, Pathankot.

2. Tilak Raj was 50 years old and was working with Kay Kay Engineering Works at Pathankot. He was returning from work on his cycle when he met with an accident. The claimants could not lead evidence to show his income. The Tribunal took his income to be Rs. 4800/- per month notionally, made a deduction of 1/4th and applied the multiplier of 13 and calculated the loss at Rs. 5,61,600/-. Rs. 1,00,000/- was allowed to all the family members for loss of love and affection. Rs. 50,000/- was allowed for loss of consortium and Rs. 10,000/- as funeral expenses. An award of Rs. 7,21,000/- was passed.

3. The submission on behalf of the appellants is that the income has been taken on the lower side. The counsel submits that the deceased was a Foreman and the income should have been taken as that of a skilled person and addition of future prospects should have been made and the deduction should have been at least 1/6th and t


















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