ANGURI DEVI Vs. DESHRAJ

JUDGEMENT

(1.) Instant appeal has been preferred by the claimants-appellants against the judgment and award dtd. 19/8/2015 passed by the Court of Motor Accident Claims Tribunal (Special Court of Dacoity Affected Area), Bharatpur, Rajasthan (hereinafter referred to as 'the Tribunal') in Motor Claim Case No.233/2011 whereby an amount of Rs.29,98,913.00 was awarded as compensation on account of death of Nemichand Nimesh in the accident occurred on 5/5/2011.

(2.) Learned Tribunal after framing the issues, evaluating the evidence on record and after hearing counsel for the parties, decided the claim petition of the claimants-appellants and awarded compensation to the tune of Rs.29,98,913.00 under various heads in favour of the claimants-appellants.

(3.) Learned counsel for the appellants-claimants submits that at the time of the accident, the age of the deceased was 54 years and 10 months even then the multiplier of 9 has been applied by the Tribunal. Counsel submits that in view of the judgment of Hon'ble Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi reported in AIR 2017 SC 5157, multiplier of 11 should have been applied looking to the age of the deceased. Counsel submits that no amount under the head of future prospects has been awarded. Counsel submits that the deceased was a teacher and he was holding a permanent salaried job, hence the claimants-appellants were entitled to get 15% amount towards future prospects.