Nisha Gupta, J. - (1.) This appeal Under Section 173 of the Motor Vehicles Act, 1988 against the judgment /award dated 10.12.2008 passed by Judge, MACT, Dholpur in Claim Case No. 112/2008 has been filed for enhancement of compensation.
(2.) The short facts of the case are that husband of claimant who was a labourer had died due to the accident occurred on 10.1.2008 due to rash and negligent driving of the respondent. The deceased sustained injuries and died hence claim petition has been filed. The court below has awarded a meager amount by assessing his income only Rs. 2,000/- hence his income could be assessed by prevailing minimum wages, looking to the number of dependents only 1 /4 income should be deducted as personal expenses, compensation should be enhanced properly. Per contra, the contention of the respondents is that looking to the age of the deceased appropriate multiplier is 15 whereas the court below has applied the multiplier of 16.
(3.) Heard the learned counsel for the appellants and perused the impugned award.;