R C GUPTA Vs. MOHD HASIM

JUDGEMENT

(1.) The present appeal arises out of the award dated 4/6/1998 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 72,000/- along with interest @ 12% per annum to the claimants.

(2.) The brief conspectus of the facts is as follows:

(3.) Sh. L. K. Tyagi counsel for the appellants has assailed the said award on five grounds. Counsel for the appellants contended that the tribunal has erred in assessing the income of the deceased at Rs. 1,000 per month whereas after looking to the facts and circumstances of the case that the deceased was an LIC Agent and was also working at a beauty parlour and was looking after her six children including her handicapped daughter, the tribunal should have assessed the income of the deceased at Rs. 2,000 per month. The counsel further maintained that the tribunal erred in making the deduction to the tune of 1/2 of the income of the deceased towards personal expenses although the deceased was supporting a large family at the time of accident survived by her husband and six children. The counsel submitted that the tribunal has erroneously applied the multiplier of 10 while computing compensation when according to the facts and circumstances of the case multiplier of 15 should have been applied. It was urged by the counsel that the tribunal erred in not considering future prospects while computing compensation as it failed to appreciate that the deceased would have earned much more in near future as she was of 40 yrs of age only and would have lived for another 30-35yrs had she not met with the accident. The counsel also stated that had the deceased not met with her untimely death she would have expanded her business and would have been earning much more in the near future.