- (1.) THIS appeal for enhancement is directed against the judgment and award dated 23.09.1999 passed by the Judge, Motor Accident Claims Tribunal, Udaipur ('the Tribunal'), whereby, the application for compensation ('application') filed by the appellants has been allowed and they have been awarded a sum of Rs.2,92,000/- towards compensation on account of death of one Jitendra Kumar.
(2.) THE brief facts of the case are that one Jitendra Kumar Jain was driving motor cycle No.RJ-09-M-5935 from Bambora to Dungala; at around 7:00 PM a bus No.RRR-9565 from the opposite side collided with the motor cycle, which resulted into death of said Jitendra Kumar. The application was filed by the claimants seeking compensation of Rs.7,11,000/-. The Tribunal after the evidence was led by the parties came to the conclusion that the deceased was aged 30 years and was earning about Rs.2,000/- per month by way of running a grocery shop and after deducting Rs.500/- towards personal expenses and applying a multiplier of 15 awarded a sum of Rs.2,70,000/- towards loss of income, Rs.10,000/- towards deprivation to the children and Rs.10,000/- towards mental stress, Rs.2,000/- towards funeral expenses and in total awarded a sum of Rs.2,92,000/-.
(3.) IT is submitted by learned counsel for the appellants that the multiplier adopted by the Tribunal is contrary to the law laid down by the Hon'ble Supreme Court in the case of Sarla Verma & Ors. v. Delhi Transport Corporation & Anr. : 2009 (6) SCC 121 and that no future prospects have been considered, which is contrary to the law laid down by the Hon'ble Supreme Court in the case of Santosh Devi v. National Insurance Co. Ltd. : (2012) 6 SCC 421.;