NISHA GUPTA,J. - (1.) This Misc. Appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment /award dated 4.2.2010 passed by Judge, MACT, (Fast Track), Kotputli Distt. Jaipur in Claim Case No. 189/2008 has been filed by the claimants for enhancement of the award.
(2.) The brief facts of the case giving rise to this appeal are that claimants -appellants filed a claim petition due to death of Haider Ali in the road accident on 29.3.2008 when he was crossing the National Highway No. 8 near Dhani Gaskan, a trolla being driven rashly and negligently by its driver, hit him and he died on the spot. Claim petition has been filed and the Tribunal has not awarded reasonable and fair compensation to the claimants. Hence, this appeal.
(3.) The contention of the appellants are that income of the deceased has not been calculated rightly, wrong multiplier has been applied. Now it is settled proposition laid down by the Apex Court that as per age of the deceased, the multiplier should be adopted, for love and affection and funeral expenses, a meager amount has been awarded, the deceased was of the age of 20 years inspite of this, no future prospects have been calculated, hence, the award should be enhanced properly. Per contra the contention of the respondents is that there is no infirmity in the impugned judgment and award. The income has rightly been assessed on the scale of minimum wages. No documentary evidence has been produced to prove the income. Father and mother are the dependents and while calculating their expectancy of life, multiplier has rightly been applied and for love and affection, a reasonable amount has been awarded. Deceased was not in permanent job and hence there was no question for calculating future prospects.;