SHMT BHUKANI DEVI Vs. HAZARI YADAV

JUDGEMENT

(1.) BY way of the present appeal, the appellant seeks to challenge the impugned award and has claimed enhancement of compensation amount over and above the amount of Rs. 3,75,000/- as awarded by the Tribunal.

(2.) BRIEF facts of the case are as under: on 17. 10. 2005 at about 11:45 PM deceased Sh. Hardev Ram who was labourer, was helping the driver of the offending vehicle to reverse it. Due to rash and negligent driving of the driver of the truck bearing Registration No. HR-46-C-3747 i. e. respondent No. 1, the offending vehicle ran over the deceased who had died at the accident spot itself.

(3.) MR. S. N. Parashar, counsel appearing for the appellant has raised three contentions to assail the findings of the Tribunal. The first contention raised by the counsel for the appellant is that the Tribunal has not taken into account the future increase in the minimum wages. The second contention raised by the counsel for the appellant is that appropriate multiplier as laid down in the 2nd schedule of the Motor Vehicles Act considering age of the deceased has not been applied by the Tribunal. The third contention is that the deceased was survived by a large family comprising six members, but the Tribunal has deducted 1/3rd amount of income towards the personal expenses of the deceased.