PREM KANWAR Vs. BUDHAPURI

JUDGEMENT

(1.) Instant misc. appeal has been filed by the appellants-claimants against the judgment and award dtd. 21/12/2004 passed by learned Judge, Motor Accident Claims Tribunal, Sojat Camp Jaitaran, District Pali whereby the learned Tribunal has awarded a compensation of Rs.3,96,768.00 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 learned Tribunal has erred in considering the monthly income of the deceased as Rs.7,641.00 per month. Counsel submits that considering the age of the deceased i.e. 48 years, learned Tribunal ought to have applied the multiplier of 13 instead of 6. Learned Tribunal has further committed error in not awarding the future prospects and consortium. 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.