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1,35,000 1,20,000 15,000 1199/2016 50-45 24,000/-

4,08,000 2,64,000 1,44,000 1820/2002 50-55 12,000/-

2,16,000 1,32,000 84,000 4230/2017 48-44 30,000/-

5,40,000 3,90,000 1,50,000 FAFO No. 3484 of 2012:

This appeal has been filed by the claimants for enhancement. The motor accident giving rise to this appeal occurred on 22.07.2010 wherein Kapil Singh aged about 16 years died. It has been held by the Tribunal that the deceased Kapil Singh was waiting for a passenger vehicle on a road side, when a truck bearing registration no. UP-78 BT- 3985, being driven in a rash and negligent manner knocked down the deceased causing serious injuries resulting in his death.
The aforesaid appeal has been opposed by the insurer, contending that the notional income had been correctly taken by the Tribunal at Rs. 15,000/- per annum and in any case, the multiplier had been correctly applied with reference to the age of the claimants. There is no cross appeal or cross objection of the insurer.
FAFO Defective No. 1199 of 2016:
This appeal has been filed by the claimants for enhancement. The accident giving rise to the present appeal occurred on 29.11.2003 wherein Rakesh Kumar aged about 27 years died. At the time of the accident, Rakesh Kumar was driving a Tata Scorpio vehicle, bearing registration no. HR 49 - 9610. As, the said vehicle broke down, the deceased parked it on his left side of the road when a truck bearing registration no. HR 38F - 8242, being driven in a rash and negligent manner, travelling in the opposite direction, collided with the aforesaid Tata Scorpio vehicle. It resulted in injuries to the deceased to which he succumbed.
FAFO No. 1820 of 2002:
This appeal has been filed by the claimants for enhancement. The accident giving rise to the present appeal occurred on 8.9.1997 wherein Pankaj Agarwal aged about 23 years died.
The claimant disclosed the deceased was working on the post of manager in an establishment known as Harihar Fertilizer owned by one Raman Agarwal at a fixed income of Rs. 5,000/- per month. This contention made by the claimant was denied by the insurer in the written statement. During evidence, the claimants did not file any documentary evidence. However, the claim witness-mother of the deceased stated, the deceased was earning Rs. 5,000/- per month of which he used to send her Rs. 3,000/- to Rs. 3,500/- per month.

Also, the enhancement as proposed does not result in an exorbitant increase in the compensation awarded but is only in the nature of correction in the computation in light of the law laid down by the Supreme Court as discussed above.

Thus, all the appeals filed by the claimants being FAFO No. 3484 of 2012, FAFO No. 1199 of 2016, FAFO No. 1820 of 2002 deserves to be allowed. On the other hand, FAFO No. 4230 of 2017 has also to be allowed on the ground raised therein. However, the revised amount of compensation would be more than that awarded by the Tribunal.