They filed a petition under Section 166 of the Motor Vehicles Act, 1988 for award of companypensation to the tune of Rs.10 lakhs by stating that the deceased was receiving pension of Rs.3,228/ from the army and salary of Rs.5,000/ from Sterling International Worldwide Couriers, Bahadurgarh, with whom he was employed at the relevant time.
By an award dated 1st October, 1997, the Motor Accident Claims Tribunal directed the respondents to pay to the appellants a sum of Rs.1,26,000/ by way of companypensation with interest 12 per annum from the date of filing the petition till its payment.
During the pendency of the appeal, the appellants filed an application and placed on record a certificate to show that pension of late Suraj Bhan was revised by the Government of India from Rs.3,228/ to Rs.4,556/ per month with effect from 1st January, 1996.
However, the appellants claim based on the salary allegedly received by the deceased from Sterling International Worldwide Couriers was rejected on the ground that numberevidence had been produced in that regard.
The appellants are the heirs of Suraj Bhan who died on 15th September, 1996 due to fall from a Haryana Roadways bus bearing registration No.
In arriving at the figure of Rs.1,26,000/ , the Tribunal took into companysideration 2/ 2 the amount of pension received by late Suraj Bhan, fixed the dependency of the appellants at Rs.1500/ per month and applied the multiplier of 7.
The appellants challenged the award of the Tribunal by filing an appeal under Section 173 of the Act.
HR 46/6835 which was being driven in rash and negligent manner by its driver, Shri Raj Kumar respondent No.3 herein .
The High Court did number companysider the factum of increase in the pension of late Suraj Bhan but enhanced the companypensation payable to the appellant from Rs.1,26,000/ to 1,28,000/ by applying the multiplier of 11.
Feeling dissatisfied, the appellants have filed this appeal by special leave.Heard learned companynsel for the parties.
Delay companydoned.
Leave granted.
