MOHINDER KAUR Vs. RAM PAL SAINI AND OTHERS

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 Amar Singh, son of the appellant, in a motor vehicular accident.

(2.) Learned counsel for the appellant contends that the deceased aged 26 years was a bachelor at the time of the accident. He was working as a Medical Representative with Fleming (India) Pvt. Ltd. and was getting a salary of Rs. 2,000.00 per month. The Tribunal has wrongly applied a multiplier of 13, keeping in view the age of the parents, which ought to have been as per age of the deceased. No amount has been awarded for future prospects and the amount paid under other heads is 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.