BHUVNESHWARI Vs. GOVERDHAN

JUDGEMENT

(1.) Instant misc. appeal has been filed by the appellantsclaimants against the judgment and award dtd. 28/5/2007 passed by learned Special Judge, SC & ST (Prevention of Atrocity) Court and Motor Accident Claims Tribunal, Bikaner whereby the learned Tribunal has awarded a compensation of Rs.5,09,176.00 in favour of the appellants-claimants with interest at the rate of 6% per annum from the date of filing of the claim petition.

(2.) While praying for enhancement, learned counsel for the appellants submits that the appellant-claimant No.1 Bhuvneshwari herself examined before the Tribunal as AW-1 and she categorically stated that her husband was working as Lower Division Clerk in Employment Department of State Government and he used to earn Rs.7,345.00 per month. The learned Tribunal wrongly assessed the income of the deceased as Rs.5502.00. The learned Tribunal also used the wrong principle for application of the multiplier. The deceased was 33 years of age at the time of accident and the learned Tribunal ought to have applied the multiplier of 17 instead of 11. It is also contended that the learned Tribunal further erred in not taking into account future prospects and advancement in life and career of the deceased. It is settled law that the future prospects of advancement in life and career should also be sounded in terms of money to augment the multiplicand. It is prayed that the amount of compensation awarded by the Tribunal may be enhanced.

(3.) Per contra, learned counsel for the respondent-Insurance Company while vehemently opposing the prayer of the appellants has submitted that amount granted by the Tribunal is fair and just. Therefore, no interference is required in the impugned judgment and award.