G.P. Mittal, J. (Oral):

1. The appeal is for reduction of compensation of Rs.5,38,560/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Sanjay, who died in a motor vehicular accident which occurred on 16.01.2008 at about 8:00 a.m.

2. The factum of negligence is not challenged by the Appellant Insurance Company. The same is otherwise sufficiently established from the testimony of PW-2 Arjun, who was an eye witness of the incident.

3. Twin contentions are raised on behalf of the Appellant. It is urged that the multiplier ought to have been taken as per the age of the mother of the deceased and no addition towards future prospects ought to have been made as the deceased was working on fixed wages.

4. On the other hand, learned counsel for Respondents no.1 and 2 submits that the deceased was working as a mistri, marble fixer. Proprietor of M/s. Vijay Kumar was produced to prove the wages of the deceased but the Claims Tribunal declined to believe the same and awarded compensation on the basis of minimum wages. The learned counsel for Respondents n