Prakash Gupta, J. - (1.) In S.B. Civil Miscellaneous Appeal No. 1490/2018. This appeal is directed against the judgment and award dated 14.02.2018 (amended award dated 12.03.2018) passed by the Motor Accident Claims Tribunal Bharatpur (for short 'the Tribunal'), whereby, for death of one Dinesh Chand Pawan, the tribunal has awarded a sum of Rs. 42,68,090/- as compensation along with interest @ 6% per annum.
(2.) Learned counsel for the appellants has submitted that the tribunal committed an error in awarding the amount of compensation on the higher side. It is submitted that the deceased was himself negligent and it was a case of contributory negligence. It is submitted that the tribunal committed grave error while making the calculation regarding the compensation amount as the learned tribunal assessed the income of the deceased as Rs. 2,09,508/- per annum. The learned tribunal deducted one fourth of the said amount i.e. Rs. 54,877/-. Thus, the amount comes out as Rs. 1,64,631/-. After applying the multiplier of 17, the amount comes out as Rs. 27,98,727 whereas the tribunal assessed the amount as Rs. 33,58,472/-. On the said amount, 50% future prospects has been awarded by the tribunal. Thus, the amount is liable to be corrected.
(3.) On the other hand, learned counsel for the respondents has submitted that the award has already been amended by the tribunal vide order dated 12.02018 and total amount of compensation has been awarded by the tribunal as Rs. 42,68,090/- in place of Rs. 51,07,708/-. Therefore, no correction is required to be made.;