Page No.# 4/7 5. After closure of evidence, the learned Tribunal after appreciation of the evidence on record, decided all the issues in favour of the respondentsclaimants. The deceased was not found to be joint tortfeasor. The learned Tribunal reached a finding that the deceased died due to rash and negligent driving of the subject-vehicle, which caused the accident on 23.08.2013 resulting into his death. In so far as the issue no. 5 is concerned, the learned Tribunal accepted the age of the deceased as 45 (forty-five) years at the time of the accident, on the basis of the age recorded in the Post-Mortem Examination Report (Exhibit-P9) and in the absence of any other evidence on rebuttal. The claimants had deposed that the deceased was a daily wage earner earning Rs. 200/- (Rupees two hundred) daily. The learned Tribunal accepted the income of the deceased as Rs. 5,000 (Rupees five thousand), thus, the annual income as Rs. 60,000/- (Rupees sixty thousand). Adding 25% as future prospects, the learned Tribunal had arrived at a figure of Rs. 75,000/- (Rupees seventy-five thousand) and using multiplier 14, the learned Tribunal assessed the total pecuniary loss at Rs. 10,50,000/- (Rupees ten lakh fifty thousand). A deduction of one-third of Rs. 10,50,000/- (Rupees ten lakh fifty thousand) was made towards personal expenses taking into account the fact that the deceased had left his wife and two minor children as dependents. The learned Tribunal calculated the total compensation amount at Rs. 7,00,000/- (Rupees seven lakhs). By addition of Rs. 15,000/- (Rupees fifteen thousand) for funeral expenses; Rs. 15,000/- (Rupees fifteen thousand) towards loss of estate, and Rs. 40,000/- (Rupees forty thousand) towards loss of consortium, the learned Tribunal assessed the total compensation at Rs. 7,70,000/- (Rupees seven lakh twenty thousand). After deduction of Rs. 50,000/- (Rupees fifty thousand) already granted under no fault liability, the learned Tribunal directed the opposite party no.3/insurer i.e. appellant herein to pay an amount of Rs. 7,20,000/- (Rupees seven lakh twenty thousand) to the claimants with interest @9% per annum from the date of filing of the claim petition till full satisfaction of the award.
