- (1.) This appeal has been preferred against the award dated 30.6.2011 passed by Motor Accident Claim Tribunal, Ghaziabad in Motor Accident Claim Petition No. 502 of 2010, whereby claim petition of appellants was partly allowed.
(2.) The award is assailed on the ground that multiplier used on the basis of age of parents is erroneous whereas it should have been applied on the basis of age of the deceased. Secondly, holding the contributory negligence of the deceased in the accident to the extent 25% is based upon wrong appreciation of evidence. Thirdly, the income of the deceased assessed by the Tribunal is also not correct to which no addition has been made for future prospect.
(3.) Learned counsel for the respondent Insurance Company supported the award and submitted that the multiplier will be used on the basis of the age of parents as the deceased was unmarried at the time of accident. It is also submitted by the learned counsel that no addition for future prospect is admissible in the present matter as the deceased was having no income and even if he was having any income it was not a fixed income or salary and in such type of case future prospect cannot be given.;