SHARDA DEVI W/O LATE SHRI JEET BAHADUR Vs. ASHOK KUMAR SON OF GYARSI LAL
LAWS(RAJ)-2008-11-114
HIGH COURT OF RAJASTHAN
Decided on November 20,2008

Sharda Devi W/O Late Shri Jeet Bahadur Appellant
VERSUS
Ashok Kumar Son Of Gyarsi Lal Respondents

JUDGEMENT

- (1.) Heard learned Counsel for the parties. Admit. Mr. Amar Nath Pareek, Advocate, appears for the respondents. With the consent of the learned Counsel for the parties, the case was heard finally and is being disposed of.
(2.) The claimant-appellants have preferred this appeal for enhancement of the amount of compensation in respect of death of deceased Jeet Bahadur, who died in a motor-accident that took place on 23rd October, 1995, and being aggrieved with the impugned Award dated 19th September, 2005 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur, in Claim Case No. 1047/2004, whereby the Tribunal awarded total compensation of Rs. 2,94,800 with interest at the rate of 6% per annum from the date of the claim application i.e. 5th February, 1996 upto the date of payment as under: 1. Rs. 2,44,800 for loss of income. 2. Rs. 50,000 as lump-sum amount under other heads.
(3.) The submissions of the learned Counsel for the appellants are two fold; the first is that the learned Tribunal committed an illegality in not applying the multiplier of 18 in place of 17 looking to the age of the deceased; the second submission is that the learned Tribunal has not taken into consideration the future prospects of the deceased while assessing the dependency amount for the purpose of determining the amount of compensation.;


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