AJAY RASTOGI,J. - (1.) IT is claimant's appeal for enhancement of compensation awarded by Motor Accident Claims Tribunal, Jaipur District ('Tribunal') in h MACT Case No. 342/93 vide award date, 27.11.1998.
(2.) CLAIMANTS are parents of deceased daughter Kumari Munni aged 5 years, who died in an accident on 15.5.1993. The Tribunal after taking note of facts placed on record, awarded lumpsum compensation of Rs. 73,000 with interest @ 12% p.a., from the date of claim petition till actual payment. 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 at 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 the Tribunal, but without taking into consideration material on record, awarded a lumpsum compensation of Rs. 70,000 towards loss of financial dependency and Rs. 3,000 towards medical expenses, to the claimants, which is not adequate and justified. In support of his contention, Counsel placed reliance upon the decision of Apex Court in Manju Devi v. Musafir Paswan IV (2005) ACC 15 (SC) : 2005 (1) TAC 609 (SC) and Lata Wadhwa v. State of Bihar : (2001)IILLJ1559SC , and also of this Court in Shree Lal v. R. SutyaKanta 2005 (3) WLC (Raj.) 707, and Hanuman Sant v. Madan 1998 ACJ 918, and unreported judgment of this Court (DB) in Gordhan v. Hariram, (Special Appeal (Civil) No. 3/02 decided on 28.4.2003.
(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.;