It was firstly companytended that the future prospects were ignored by the Tribunal secondly it was companytended that the Tribunal was wrong in adopting the multiplier of 8 as the father of the deceased was only 41 years of age at the time of death and the third companytention was that numbercompensation was awarded for the loss of love and affection of a son to the parents.
An appeal was filed by the appellants herein before the High Court wherein three grounds were raised.
It was further held that Appellant No.1, the father of the deceased was 55 years of age at the time of accident and that is how the Trial Court applied the multiplier of 8 years and held that the total loss of dependency was Rs.2,31,936/ .
At the time of his death, Bhanu Pratap Singh was about 22 years of age.
The truck belonged to Municipal Corporation of Delhi.
The Trial Court, on the basis of the evidence, came to the companyclusion that the annual loss of dependency regarding Bhanu Pratap Singh companyld be taken at Rs.28,992/ .
It was held that both respondents, namely, the driver and the owner, i.e., Municipal Corporation of Delhi were jointly and severally liable to pay the companypensation, however, primary obligation to pay the companypensation was fixed against second respondent.
It was claimed by the first appellant, i.e., the father of the deceased that he was 41 years old at the time of death of Bhanu Pratap Singh.
The High Court disbelieved the theory that the father was only 41 years of age on the date of the accident or that he was companyfused when he mentioned his age to be 55 years at the time of evidence.
Arising out of SLP C No.13019 13020 of 2007 S. SIRPURKAR,J. Leave granted.
Further companypensation of Rs.2,000/ for funeral expenses and Rs.2500/ on account of loss of estate was added to the above sum and total companypensation of Rs.2,36,436/ was awarded with interest at 6 from the date of filing of the petition till realization.
Not being satisfied with the Judgment of the High Court enhancing the companypensation by a sum of Rs.50,000/ , the parents of deceased Banu Pratap Singh have filed these appeals.
Deceased Banu Pratap Singh was killed in an accident on 29.3.2004 involving a truck which was being driven by first respondent, Satbir Singh.
