- (1.) This appeal under Section 173 of the Motor Vehicles Act has been filed against the judgment and award dated 27.9.2004 passed by the Judge, Motor Accident Claims Tribunal, Jodhpur in MACT Case No. 230/2003 for enhancement of the award.
(2.) The short facts of the case are that on 21.10.2002 deceased Bhanwar Singh was going on his motor cycle along with his friend Bunti @ Sunil Panwar. They were hit by Indica car bearing no. RJ 19 1C 7874 driven rashly and negligently by respondent no. 1 causing fatal injuries to deceased Bhanwar Singh who died on 1.11.2002. The FIR was lodged against the respondent-driver. Charge-sheet has been filed against respondent no. 1. Father, mother and the brother of the deceased preferred claim petition which was partially allowed.
(3.) Hence this appeal for enhancement of compensation. The contention of the present appellants is that the deceased was earning Rs. 4000/- per month by doing work of Chartered Accountant and the learned Tribunal has erred in taking notional income of the deceased and the multiplier should also be applied looking to the age of the mother who is only 41 years at the time of death and hence appropriate enhancement should be done. ;