rider of the motorcycle, which was driven by the deceased at the time of accident. PW-2 has stated on oath that the bus came from the wrong side and dashed the motorcycle, hence, the accident was occurred due to sole negligence of the driver of the bus. It is further submitted that the Claims Tribunal has erred in deducting 1/3rd towards personal expenses of the deceased, whereas, there were six dependents on the income of the deceased, as such, the deduction should be 1/4th in view of law laid down by Hon'ble Apex Court in the case of Smt. Sarla Verma vs. D.T.C. reported in 2009 (2) T.A.C. 677 (S.C.) . Lastly, it is submitted that the Claims Tribunal had awarded 30% future prospects accepting the age of the deceased as 38 years, whereas the claimants are entitled for 40% future prospects. It is further submitted that the Claims Tribunal has awarded only Rs. 5,000/- for funeral expenses, Rs. 5,000/- for love and affection and Rs. 5,000/- for loss of estate, whereas, claimants are entitled for Rs. 70,000/- for non pecuniary damages in view of law laid down in the case of National Insurance Company Ltd. vs. Pranay Sethi reported in 2017 (4) T.A.C. 673.
