AJAY RASTOGI,J. - (1.) IT is claimants' appeal for enhancement of compensation granted vide award dated 26th May, 2001 passed by Motor Accident Claims Tribunal, Kotputli (District Jaipur) ('Tribunal') in MACT Case No. 451/99.
(2.) CLAIMANTS are parents and sisters of deceased Manish aged 12 years, and on 10th March, 1999 while he was going to give leave application of his father in Government School, Ramsinghpura and was moving to his side of footpath near Gopalpura Mod National Highway No. 8, was hit by a tanker No. GJ -6V -8156, being driven rashly and negligently by its driver, and as a result of accident, he died. The Tribunal awarded compensation of Rs. 1,10,000 with interest@ 9% p.a. from d the date of claim petition till actual payment. Mr. B.C. Rawat, Counsel for claimants urged that even where the deceased is considered to be non -earning member in the family, his notional income has been considered of Rs. 15,000 per annum and multiplier of 15 is adopted as per Schedule to the Motor Vehicles Act, 1988 ('the Act'), which ought to have been adopted by e the Tribunal, but without taking into consideration material on record, granted a lumpsum compensation of Rs. 1,10,000 towards loss of financial dependency, love and affection, funeral expenses, etc., to the claimants, which is not adequate and justified. In support of his contention, Shri Gupta placed reliance upon the decision of Apex Court in Manju Devi v. Musafir Paswan IV (2005) ACC 15 (SC) : 2005 (1) TAG 609 (SC) and also of this Court in Shree Lal v. R. Surya Kanta 2005 (3) WLC (Raj.) 707.
(3.) ON the other hand, Counsel for respondents contended that looking to the age of deceased what has been awarded by the Tribunal is adequate and no interference in the impugned award is required to be made.;