- (1.) The present appeal has been preferred by appellantsclaimants against the award dated 25.11.2008 passed by learned Motor Accidents Claims Tribunal, Jind, (for short the 'Tribunal') vide which the claim petition filed by the claimants under Section 166 of the Motor Vehicles Act, 1988 (for short the 'Act') for grant of compensation on account of death of Dharabir Singh has been allowed and compensation to the tune of Rs.3,52,000/- has been awarded.
(2.) Learned counsel for the appellants contended that the wife of the deceased in her statement has stated that deceased was 26 years of age but in the post mortem report his age has been mentioned as 35 years. The learned Tribunal has wrongly applied the multiplier of 13. The multiplier of 16 should have been applied. He further contended that income of the deceased has also been wrongly taken as Rs.3000/- per month. Even a labourer can earn Rs.4500/- per month.
(3.) Learned counsel for the respondents contended that the age of the deceased has been rightly taken into consideration by the learned Tribunal. The multiplier has also been applied rightly. He further contended that there was no proof regarding the income of the deceased. So, the learned Tribunal has correctly taken the income of the deceased to be Rs.3000/- per month. Thus, he contended that compensation awarded by the learned Tribunal is just and appropriate.;