RANG NATH PANDEY,J. - (1.) Heard Sri Waquar Hashim, learned Counsel for the appellant and Sri Rajendra Jaiswal, learned Counsel for the respondents no. 1 to 6.
(2.) The instant First Appeal From Order has been filed by the Insurance Company under Section 173 of the Motor Vehicle Act, 1988 against the judgment and award dated 18.08.2012 passed by the Motor Accident Claim Tribunal in Motor Accident Claim Petition No. 295 of 2012: Smt. Chaya Mishra v. Smt. Shivani Jaiswal and others , whereby the Tribunal has awarded a sum of Rs. 8,89,120/- along with interest as compensation to the claimants.
(3.) Sri Waquar Hashim, learned Counsel for the appellant, has attacked the award on various grounds; firstly, regarding the age of the deceased on the ground that in the post-mortem report, the age of the deceased has been shown as 35 years which has not been looked into by the learned Tribunal while applying the multiplier. The second ground taken by learned Counsel for the appellant is that the father of the deceased cannot be treated to be dependent until and unless the same has been led through some evidence, and, therefore, the dependency shown as 4 1/2 will reduce to 3 1/2 and accordingly it will also affect the multiplier. The third ground of challenge is that no evidence, either documentary or oral, except the income tax return for the last year was produced with regard to income of the deceased. The fourth and the last ground of challenge is with regard to grant of 10% towards future prospects, which is admissible in the case of a self-employed person, as the issue has been referred by the Hon'ble Apex court to a Larger Bench.;