Re-marriage does not extinguish a widow's right to compensation in fatal accidents; dependency includes emotional factors beyond financial support.

JUDGMENT :

Archana Puri, J.

These are three appeals, filed by the rival parties to assail the Award dated 21.09.2012 passed by learned Motor Accident Claims Tribunal, on account of deaths of Gurjeet Singh and Aman Goyal, in a motor vehicular accident, which took place on 19.03.2010.

2. FAO-263-2013 has been filed by the insurance company, for seeking reduction of the quantum of compensation, awarded on account of death of aforesaid persons, whereas, FAOs-1503 and 1878-2013 have been filed by the appellants-claimants, thereby, seeking enhancement of the compensation.

3. On appraisal of the evidence, brought on record, vide impugned Award, learned Tribunal concluded about the accident to have taken place on 19.03.2010, on account of rash and negligent driving of truck bearing registration No.PB-13M-5373, driven by respondent-Amrit Pal Singh @ Amrit Singh and Gurjeet Singh as well as Aman Goyal, who were the occupants of the ill-fated car bearing registration No.PB-08Q-1523 and the said accident, resulted into death of Gurjeet Singh and Aman Goyal.

4. So far as, the manner and taking place of the accident as well as the liability fastened upon the driver, owner and insurer of the offending vehicle is concerned, none of the aforesaid parties have filed any appeal. Even though, appeal has been filed by the insurance company, but it is only for seeking reduction of the compensation awarded to the claimants.

5. For the convenience of discussion, the parties are referred to as making appearance before learned Tribunal.

6. Considering the aforesaid, firstly, let us consider of the claim qua death of Gurjeet Singh. It is the specific version of the claimants Gurmeet Kaur and others that deceased Gurjeet Singh was 36 years old and he was working as Senior Engineer in Swaraj Mazda. His salary was asserted to be Rs.32,386/- per month. It is not disputed that as per matriculation certificate, proved in evidence, the date of birth of Gurjeet Singh is established to be 01.12.1973 and thus, learned Tribunal had concluded about the age of deceased Gurjeet Singh to be 37 years, at the relevant time.

7. However, considering the earnings of deceased Gurjeet Singh to be Rs.33,130/-, 1/3rd was deducted as personal expenses and the residue was worked upon as Rs.22,080/- per month and the annual dependency was worked upon as Rs.2,64,960/-. Taking it to be so, while considering the age, the multiplier of ‘12’ was applied and the compensation was worked upon as Rs.31,79,520/-. To this amount, another amount of Rs.5,000/- was granted as ‘funeral expenses’ and Rs.5,000/- was granted on account of ‘loss of consortium’. Thus, the total compensation of Rs.31,89,520/- was granted to the claimants, qua death of Gurjeet Singh.

8. So far as, qua death of Aman Goyal, it was asserted by the claimants that he was working as engineer in Swaraj Mazda and was getting salary of Rs.23,617/-. After deduction, his salary came to be Rs.19,530/- per month. After making deduction to the extent of 1/3rd towards personal expen