The main legal point established in the judgment is the re-assessment and calculation of the compensation amount in a motor accident claims case.

JUDGMENT :

TEJINDER SINGH DHINDSA J.

1. This is the claimant's appeal seeking enhancement of compensation.

2. It may be noticed that vide award dated 01.03.2014 passed by the Motor Accident Claims Tribunal, Hisar, a compensation amount of Rs.7,73,000/- has been awarded in favour of the claimant's on account of death of Parveen Kumar in a motor vehicle accident that took place on 04.12.2012.

3. Claim petition under Section 166 of the Motor Vehicles Act was filed by the appellants, sister and brother of deceased Parveen Kumar, claiming compensation to the tune of Rs.50,000,00/- from the driver, owner and insurer of the offending vehicle i.e. tractor bearing registration No.HR- 48-4939. It was asserted that on 04.12.2012, Parveen Kumar (since deceased) was riding a motor-cycle which was stuck by the offending tractor being driven in a rash and negligent manner and on account of injuries suffered, Parveen Kumar had died.

4. Since the only issue involved in the instant appeal is with regard to quantum of compensation, this Court would be adverting to the findings recorded by the Tribunal pertaining to issue No.2 which was framed in the following terms:-

“Whether the petitioners are entitled to recover the compensation from the respondents, if so to what extent?OPP”

5. The Tribunal returned findings in favour of the claimants and held that the death of Parveen Kumar occurred on account of injuries suffered in the accident that took place on 04.12.2012 involving the offending/insured Tractor and which was being driven in a rash and negligent manner by the driver. Insofar as the quantum of compensation is concerned, age of the deceased was taken as 17 years and his monthly income was assessed on a notional basis as Rs.4,000/- per month. An addition in income towards future prospects 50% was awarded. 50% deduction from the income was made towards personal and living expenses of the deceased who was admittedly a bachelor. Multiplier of 18 was applied to the multiplicand and a sum of Rs.1,00,000/- was granted towards loss of love and affection to mother of the deceased. That apart a sum of Rs.25,000/- was awarded towards Transportation and Funeral Ceremony. The total compensation amount computed by the Tribunal was Rs.7,73,000/- payable alongwith interest @ 7.5 % per annum from the date of filing of the claim petition till actual realization. The liability for payment of compensation was held to be joint and several between the driver/owner of the tractor and the insurance company.

6. It would be apposite to take note that the Tribunal took a view that the sister and brother of deceased Parveen Kumar are not entitled to any compensation as they could not be treated as dependants upon the deceased. Accordingly, it was only the parents who were held entitled to the compensation from the respondents.

7. I have heard counsel for the claimants/appellants as also counsel representing the contesting respondent No.3/Insurance Company.

8. In the considered view of this Court there is a scope of marginal enhancement of the compensation amount. However, it may be clarified at the very outset that the instant appeal has again been preferred not only by the parents of the deceased but even by the minor sister and brother of the deceased Parveen Kumar. The view taken by the Tribunal would prevail insofar as the enhanced amount of compensation is concerned i.e. it is the parents of the deceased who would benefit from the enhanced amount and not claimants/appellants No.3 and 4 herein.

9. Counsel representing the claimants has argued that the monthly income of Rs.4,000/- insofar the deceased Parveen Kumar is concerned has been assessed much on the lower side. Counsel has placed reliance upon the DC rates notified at the relevant point of time to assert that the minimum rates of wages of Class-IV employees in various departments under the State of Haryana was fi