JUDGMENT :

Nidhi Gupta, J.

Present appeal has been filed by the claimants seeking enhancement of compensation of Rs. 30,21,760/- awarded by the Motor Accident Claims Tribunal, Jhajjar (hereinafter referred to as "the Tribunal"), vide Award dated 29.10.2024 passed in MACP-272-2019 dated 11.09.2019 filed under Section 166 of the Motor Vehicles Act (hereinafter referred to as "the Act"). The 5 claimants are the widow, 3 children being the 15 year old daughter, 14 year old son, and 21 year old son, and mother of deceased Satish Dahiya.

2. Brief facts of the case as pleaded in the claim petition are that on 07.05.2019, there was marriage of Vishal at Beri and after attending marriage ceremony in the night of 07/08.05.2019, Sachin along with Satish, Subham, Devender and Yogesh were coming back to village Mehrana in Swift Car No.DL-1CN-9054 (hereinafter referred to as "the accidental vehicle") being driven by Yogesh. When they crossed the Nirachiya Dham and reached towards village Dujana on Beri- Dujana Road, atruck bearing registration No.RJ-07GB-7848 (hereinafter referred to as "the offending vehicle") was parked on the road by its driver in negligent manner without taking any precautions and without any reflector or indicator. The driver of accidental vehicle could not saw the offending vehicle and therefore, the accidental vehicle struck into the offending vehicle from back side. Due to that impact, all the occupants of accidental vehicle died on the spot. A criminal case bearing FIR No. 160 dated 08.05.2019 under Sections 279, 304-A IPC against respondent No.l in the Police Station Beri was registered.

3. The Id. Tribunal on the basis of pleadings and oral & documentary evidence adduced before it concluded that the deceased Satish Dahiya had died due to the injuries suffered by him in a motor vehicular accident that took place on 7/8.05.2019 due to the rash and negligent driving of the offending vehicle by respondent No.l. The offending vehicle was owned by respondent No.2 and insured by respondent No.3. The above-said compensation was granted along with interest @ 9% per annum.

4. Learned counsel for the appellant seeks enhancement of compensation in following terms:-

5. No other argument is made on behalf of the appellants.

6. I have heard learned counsel for the appellants and perused the case file in great detail.

7. I find no merit in the argument advanced on behalf of the appellants. Perusal of the Award shows that the learned Tribunal has awarded compensation in fair and just manner. In Post-Mortem Report (Ex.P20), age of the deceased is mentioned as 38 years. However, age of the deceased was taken to be 41 years, 9 months and 26 days on the basis of is Aadhaar Card (Ex.P21) and driving licence (Ex.P22) being more authentic. Monthly income of the deceased stands proved to the extent of Rs.18,741/- per month. Keeping in view the age of the deceased, addition of 25% was correctly made towards future prospects. Thus, monthly income of deceased comes out to be Rs.23,426/- (Rs.18,741/- + Rs.4,685/-). Multiplier of 14 has also been correctly applied. Further, under the conventional heads, the Claimants were held entitled for sum of Rs.15,000/-, Rs.44,000/- and Rs.15,000/- = Rs.74,000/- on account of loss of estate, love and affection, funeral expenses, respectively.

8. Enhancement of compensation has been sought only under the conventional heads. However, I find no merit in the said prayer of the appellants as, as per recent judgments of the Hon'ble Supreme Court in "Shri Ram General Insurance Co. Ltd.