LAWS(RAJ)-2005-11-3

REWARI Vs. NATHULAL

Decided On November 08, 2005
Rewari Appellant
V/S
NATHULAL Respondents

JUDGEMENT

(1.) INSTANT appeal has been filed for enhancement of compensation awarded by Motor Accident Claims Tribunal Jaipur ('Tribunal') vide Award dated 30.8.2001 in MACT Case No. 1429/95.

(2.) CLAIMANTS are wife, three minor children, brother and mother of deceased Rambabu, aged 30 years, who was a labourer. As per claim petition, on 2.10.1995 while he was travelling in Jeep No. RJ -14 -1C -3615, accident took place due to rash and negligent driving of offending truck No. DL -1G -5174 by its driver, as the offending truck collided with the jeep, thereby deceased died.

(3.) MR . S.M. Khemchandani, Counsel for claimants contends that the Tribunal failed to consider future prospects in income of the deceased, so also proper multiplier because as per schedule appended to the Motor Vehicles Act, 1988 ('the Act'), looking to the age of deceased, the Tribunal ought to have applied multiplier of 18, which is an apparent error on the face of record committed, while computing just and reasonable compensation, requiring interference by this Court.