Pankaj Mithal, Shashi Kant, JJ. - (1.) Heard Ms. Kamini Pandey, learned counsel for the claimant-appellants and Sri Nripendra Mishra, learned counsel for respondents. The claimant-appellants have preferred this appeal for enhancement of compensation awarded by the Tribunal.
(2.) The Tribunal by the impugned judgment, order and award dated 20.7.2011 has awarded compensation of Rs.1,63,100/- with 6 per cent interest from the date of presentation of the claim petition till its payment on account of the death of one Jaipal Singh, who died in an accident on 04.8.2009. He was traveling in a tempo which had collided with the bus of U.P. Roadways. The Tribunal held that the accident occurred due to sole negligence on the part of driver of the bus. The age of the deceased was held to be 59 years and his income to be Rs.2400/- per month. Accordingly, the Tribunal applied the multiplier of 8 in determining the compensation.
(3.) Ms. Pandey, learned counsel for the claimant has raised two points. First, that the deceased was working with the Bank and was drawing salary of Rs.26,370/- per month and therefore, the Tribunal is not justified in taking his income to be Rs.2,400/- per month only. Secondly, the age of the deceased was not more than 50 years at the time of accident and therefore, multiplier of 13 ought to have been applied.;