The appropriate income, future prospects, and multiplier for calculating compensation under the Motor Vehicles Act were determined based on legal principles established in previous cases.

JUDGMENT :

1. This Judgment shall dispose of MA No. 413/2012 which arises out of impugned award dated 09.05.2012 passed by learned Motor Accidents Claims Tribunal, Rajouri, (for short MACT, Rajouri) whereby an amount of Rs. 6,39,000 was awarded in favour of claimant/appellant No. 1 alongwith interest @ 6% per annum from the date of filing of claim petition till its realization.

2. Factual matrix of this case, as gathered from the impugned award, is that on 08.08.2007, a young man lost his life in a tragic road accident in the prime of his youth when he was travelling in a Maruti Car bearing Registration No. JK02V/4099. The vehicle was being driven by respondent No. 2 herein in a rash and negligent manner and when the vehicle reached near Sujanpur (Punjab), the driver lost control over the vehicle after which the vehicle collided with an Eucalyptus tree, as a result thereof deceased died on spot. The deceased, Dr. Abhinav Gupta was Final Year MBBS student in Acharya Shri Chander College of Medical Sciences & Hospital Jammu, and had taken his final year examination about 2/3 days before the unfortunate accident.

3. Claimants filed a claim petition before the learned MACT, Rajouri for claiming compensation on account of death of the deceased. National Insurance Company Ltd. contested the claim petition and following issues came to be framed:

1) Whether on 08.08.2007 the driver of vehicle No. JK02V/4099 (Maruti Car) was driving the car rashly, negligently and recklessly on Jammu-Pathankot Road and when it reached near Sujanpur (Punjab) the driver of the offending vehicle lost control over the vehicle and collided against an Eucalyptus tree and thereby caused accident as a result of which Dr. Abhinav Gupta son of petitioners No. 1 & 2 sustained severe injuries resulting into his death on spot? OPP.

2) In case issue no. 1 is proved in affirmative, to what amount of compensation the petitioner is entitled to and from whom? OPP. 3) Whether the driver of the offending vehicle was not holding a valid driving licence, therefore the respondent No. 3 is not liable to pay compensation? OPR-3.

4) Whether the offending vehicle was being driven against the terms & conditions of insurance policy, if so, what is its effect? OPR-3.

4. The Tribunal after examining the entire record and on the basis of the evidence led awarded Rs. 6,39,000/- alongwith interest @ 6% per annum in favour of claimant/appellant No. 1 herein. Being not satisfied with the awarded amount, claimants have filed this MA No. 413/12 for enhancement of the award.

5. The appellants have preferred this appeal mainly on the ground that the learned Tribunal has failed in its duty to award just and reasonable compensation and the act of the learned Tribunal in assessing income of the deceased at Rs. 10000/- per month is too low and disproportionate to the qualification and keeping in view the profession of the deceased. The other ground inter alia taken by the appellants in this appeal is that the learned Tribunal was duty bound to enhance the income of the deceased by at least 50% towards the future prospects. The appellants are also aggrieved of the Multiplier applied by the learned Tribunal while calculating the compensation.

6. Mr. Sunil Malhotra, learned counsel appearing for the Insurance Company submitted that the award passed by the learned Tribunal is appropriate and in consonance with the law laid down by the Hon'ble Supreme Court and, thus, needs no interference from this Court.

7. I have heard learned counsel appearing for the parties and also perused the memo of appeal as well as record of the Tribunal.

8. Admittedly, the insurance company has not disputed the age of the deceased nor his qualification. Otherwise too, it is borne out from the record that the deceased was a final year MBBS student in Acharya Shri Chander College of Medical Sciences & Hospital Jammu, and had take