RAJ DULARI Vs. MOHAN SHYAM

JUDGEMENT

(1.) By way of the present appeal, the appellant has challenged the award dated 9.5.2005 so as to claim enhancement of compensation amount over and above the amount of Rs.6,67,000/- as awarded by the Tribunal.

(2.) Brief facts of the case relevant for deciding the appeal are as follows:-

(3.) Counsel for the appellant contends that the Tribunal has not correctly assessed the income of the deceased. The contention of the counsel for the appellant is that it was proved on record that the deceased earned incentive of Rs.1,68,750/- w.e.f. June 1999 till March 2000, but ignoring the said incentive, the Tribunal has assessed the income of the deceased at Rs.3080/- p.m. Another grievance raised by the counsel for the appellant is that the Tribunal has not correctly applied the multiplier as laid down in the Second Schedule of the M. V. Act. The contention of the counsel for the appellant is that the deceased was 24 years of age at the time of his death and was survived by his parents, therefore the Tribunal should have applied the appropriate multiplier of 17 instead of 15. Counsel for the appellant further contends that the Tribunal has not awarded reasonable rate of interest i.e.6% p.a. and at least interest @ 12% should have been awarded by the Tribunal.