- (1.) The present appeal has been preferred by the appellant-HDFC ERGO General Insurance Company Ltd. (respondent No.3 in the claim petition) aggrieved with the award dated 21.08.2014 passed by the learned Motor Accidents Claims Tribunal, Hisar (hereinafter called the 'Tribunal'), vide which the claim petition filed by respondents No.1 to 5-claimants under Section 166 of the Motor Vehicles Act, 1988 (hereinafter called the 'Act') has been partly allowed and a sum of Rs.18,02,000/- along with interest at the rate of 7.5% per annum has been awarded to respondents No.1 to 5-claimants on account of death of Ram Bhawan in the motor vehicular accident which took place on 12.10.2013.
(2.) In the present appeal the quantum of compensation awarded to respondents No.1 to 5-claimants is under challenge.
(3.) Mr. Kulwinder Singh, Advocate appearing for Mr. Sanjeev Goyal, Advocate, learned counsel for appellant-Insurance Company contended that there was no documentary proof to establish that the deceased was a driver by profession. So, the learned Tribunal has wrongly determined the income of the deceased to be Rs.6000/- per month. He further contended that he was just a casual labourer and could not have earned more than Rs.4000/- per month. He further contended that the learned Tribunal has wrongly awarded the future prospects towards the income of the deceased. The deceased was not holding the permanent job, earning regular increments. Moreover, the matter with regard to grant of future prospects has been referred to the Larger Bench of the Hon'ble Apex Court. Thus, he contended that the compensation awarded by the learned Tribunal is exorbitant.;