JUDGMENT :

Archana Puri, J.

These are bunch of six appeals, filed to assail the various Awards of even date passed by learned Motor Accident Claims Tribunal, thereby, granting compensation on account of death of Jaspal Singh as well as injuries sustained by various other claimants, in a motor vehicular accident, which took place on 12.12.2006.

2. FAO-4024-2009 has been filed by the widow and sons of deceased Jaspal Singh for seeking enhancement of the compensation awarded by learned Tribunal, on account of death of Jaspal Singh, in the accident in question. However, it is pertinent to note that the claim petition qua death of Jaspal Singh was filed under Section 163-A of the Motor Vehicles Act.

3. FAOs-4022, 4023, 4025, 4026 and 4045 of 2009 have been filed by the appellants-claimants, namely, Beant Kaur, Manpreet Singh, Gurlal Singh, Kulwant Kaur and Jugraj Singh, respectively, to seek enhancement of the compensation awarded, on account of injuries sustained by them, in the accident in question.

4. Before proceeding further, it is pertinent to mention that unfortunately, fire incident had taken place in the High Court premises in the year 2011 and much record was also destroyed in the fire. So far as, the claim petition relating to death of Jaspal Singh is concerned, it be taken into consideration that the record of the Tribunal is not available, whereas, relating to other claim petitions, the record is available. However, counsel representing both the sides, have expressed their inability to produce the copies of the pleadings and the evidence adduced before the Tribunal, relating to the case of Jaspal Singh. The copy of the paperbook was also not there qua Jaspal Singh, but however, counsel for the appellants has placed on record the copies of the paperbook, as well as the Award. Counsel for both the sides have made statement at bar that they have no objection, if the appeal qua Jaspal Singh is decided, on the basis of the material coming forth.

5. On appraisal of the evidence, brought on record, qua death of Jaspal Singh, compensation of Rs.3,93,500/- was granted. Qua the injuries on the person of Beant Kaur, Manpreet Singh, Gurlal Singh, Kulwant Kaur and Jugraj Singh, compensation to the extent of Rs.35,130/-, Rs.15,368/-, Rs.14722/-, Rs.20,316/- and Rs.11,850/-, respectively, was granted.

6. Being aggrieved, the appellants-claimants have filed the appeals, detail whereof, has been given aforesaid.

7. Firstly, let us consider the compensation, on account of death of Jaspal Singh. In this regard, it is significant to mention that claim petition was filed under Section 163-A of the Motor Vehicles Act. Apart from the copy of Award, no other document is available with the Court.

8. So far as the fact of accident is concerned, the same, as such, stands amply established from the testimony of witnesses recorded, during the course of evidence, as spelt out from the Award. Even, learned State counsel, as such, has not disputed about the establishment of the accident. Furthermore, it is pleaded case of the claimants that deceased Jaspal Singh was owner of 15 acres of agricultural land and used to cultivate the same and also run dairy farming. From all these sources, the deceased was earning Rs.40,000/- per annum. However, no revenue record, as such, has come on record and in the light of the same, it was rightly so observed by learned Tribunal, in paragraph No.21 of the impugned Award. But anyhow, considering the minimum tier of earnings, as that of a labourer, learned Tribunal had taken the earnings of deceased Jaspal Singh as Rs.3000/- per month. 1/3rd was deducted as 'personal expenses'. The loss of dependency was taken as Rs.2000/- per month and considering the age of the deceased to be 37 years, multiplier of '16' was applied and total compensation was worked upon as Rs.3,84,000/-. Besides the same, another amount of Rs.5,000/- was granted, on the count of 'loss of consortium' and Rs.2000/-was granted, on the count of 'funeral expense