SOWARAN KANTA DHAL Vs. RAMM PAL SAINI

JUDGEMENT

(1.) The present appeal has been filed by the claimant-appellant, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Yamunanagar at Jagadhari (for short 'the Tribunal'), vide award dated 09.12.1997, on account of the death of Girish Dhall, son of the appellant, in a motor vehicular accident. Learned counsel for the appellant contends that the Learned Tribunal has wrongly assessed the salary of the deceased at Rs. 1,050/- per month, in view of the statement made by PW-4-Vinod Prashar, the Proprietor of Health Care Enterprises, Patiala. Learned counsel for the appellant reply upon the appointment letter dated 11.10.1993 at Ex. P-E issued by PW-4 wherein the salary with incentives has been reflected at Rs. 2,500/- per month.

(2.) It is further contended that the Tribunal has wrongly applied a multiplier of 13, which should be applied keeping in view the age of the parents. No amount has been awarded for future prospects and the amount paid under other heads are also inadequate.

(3.) On the other hand, the learned counsel for the respondent No. 3-Insurance Company submits that the deceased himself was responsible for the accident. The accident occurred due to the rash and negligent driving of the deceased. It has come on record that the trolly which had a mechanical break down was parked on the extreme left side of kacha portion of the road and the bushes were put around the trolly and the riders of the scooter could not notice the indication of bushes and struck against the trolly. Learned counsel for the Insurance Company further contends that a case of contributory negligence.