The court emphasized the re-computation of compensation for deceased minors must consider future earnings, while registered vehicle ownership entails liability despite transfer.

JUDGMENT :

Archana Puri, J.

1. These are four appeals, filed by the appellants-claimants, thereby, seeking enhancement of compensation awarded by learned Motor Accident Claims Tribunal, on account of death of Memuna and Sahila, as well as injuries sustained by Hakam and Rabina, in a motor vehicular accident.

2. Suffice to consider that on 10.03.2012, Hakam along with his wife Memuna, his daughter Sahila as well as sister-in-law Rabina, was proceeding to village Dausras, to the house of his in-laws, on a motorcycle, to attend jalsa (religious function). When they reached near bridge of Rajasthan Canal Shah Chokha, in the meantime, JCB (yellow colour), which was being operated in a rash and negligent manner by respondent No.1-Arshad, tried to pick up 20 feet lengthy iron pipe and moved the same in a negligent manner and directly hit the motorcycle, of which, the deceased and injured were the occupants. All the occupants of the motorcycle, together with the motorcycle had fallen on the ground, as a result whereof, Memuna as well as Sahila had died and Hakam as well as Rabina had sustained injuries.

3. On appraisal of the evidence, brought on record, learned Tribunal had concluded about the accident to have taken place on 10.03.2012, on account of rash and negligent driving of vehicle bearing registration No.UK-09-7679 by respondent No.1-Arshad, as a result whereof, two persons namely, Memuna as well as Sahila had died and Hakam as well as Rabina had sustained injuries.

4. It is pertinent to mention that none of the respondents, who have been made liable to pay the compensation worked upon, have filed any appeal to challenge the findings so recorded by learned Tribunal. Be it noted that it is only the claimants, who have filed the present appeals for seeking enhancement of the compensation.

5. In view of the aforesaid conclusion, learned Tribunal, while considering the claim, vis-a-vis, Sahila, daughter of Hakam, who was three years old, at the relevant time, had considered the notional income of deceased as Rs.15,000/- per annum and applied the multiplier of '15' and worked upon the loss of the dependency as Rs.2,25,000/-. Besides the same, claimant Hakam was also held entitled to Rs.50,000/- towards 'loss of love and affection' and another amount of Rs.20,000/- was awarded, on the count of 'last rites'. Thus, the total compensation was worked upon as Rs.2,95,000/-.

6. Qua death of Memuna, who is wife of Hakam, while considering her to be housewife, learned Tribunal had taken the earnings of deceased as Rs.4500/- per month. 1/3rd was deducted, on the count of 'personal expenses' and the loss of dependency was taken as Rs.3000/- per month.

7. Considering the age of the deceased as 21 years, multiplier of '17' was applied and the compensation was worked upon as Rs.6,12,000/-. Another amount of Rs.25,000/- was awarded towards 'last rites'. In total, the compensation was awarded to the extent of Rs.6,37,000/-.

8. Likewise, while considering the claim of injured Hakam, it was observed that there is no medical bill, coming on record. Even, the copy of MLR Mark P3, has not been properly exhibited and there is no X-ray examination report coming on record. Learned Tribunal had awarded compensation to the extent of Rs.5000/-.

9. Qua claim of injured Rabina, considering the medical bills Ex.P1 to P121, of the amount of Rs.44,353/-, the compensation to the extent of Rs.44,360/- was awarded, on the count of 'medical expenditure'. Besides the same, an other amount of Rs.10,000/- was awarded towards 'pain and suffering' and Rs.5,000/- on the count of 'transportation