JUDGMENT
Panwar, J.
1. With the consent of the learned counsel for the parties, the appeal is finally heard at the orders stage on the stay application’.
2. This appeal is directed against the judgment and award dated 6.9.2000 passed by Motor Accident Claims Tribunal, Nagaur (hereinafter referred to as ‘the Tribunal’) whereby the Tribunal awarded a sum of Rs. 5,00,000/- as compensation in favour of respondents claimants No. 1 to 6 (hereinafter referred to as ‘the claimants’) and against the appellant and its driver respondent No. 7.
3. Brief facts to the extent they are necessary and relevant for decision of this appeal are that on 29.10.96, deceased Nemichand aged about 29 years was working in his agricultural field. At that relevant time, bus No. RJ 14/P 1811 owned by the appellant Rajasthan State Road Transport Corporation (for short ‘the Corporation’) driven rashly and negligently by its driver respondent No. 7 Hans Raj went off the road and hit the deceased, who succumbed to the injuries instantaneously. The deceased was running a provision store and a flour mill and was also doing the agriculture work. His monthly income was shown to be Rs. 4,000/-. The claimants widow and three minor children as also the parents of the deceased, were dependent on the income of the deceased. The Tribunal determined the dependency to the extent of Rs. 2500/-P.m. and as such, the annual dependency comes to Rs. 30,000/- and multiplied by 16 years purchase factor.
4. It is contended by the learned counsel for the appellants that in order to save she goat, the driver of the bus took the bus on the off side of the road and suddenly applied the brakes and in that process, the deceased was hit and, therefore, the Tribunal fell in error in holding the driver responsible for the said accident. This argument is misconceived inasmuch as the deceased person has not contributed anything in the happening of the accident. On the contrary, he was working in his agricultural field and the bus owned by the Corporation went off the road and hit the deceased. The Tribunal has, therefore, rightly held the driver of the bus grossly negligent in causing the accident. I find no reason to interfere with the finding of the Tribunal. The Tribunal has properly appreciated the evidence in its right perspective. Therefore, the finding recorded by the Tribunal holding the driver of the bus negligent in driving the bus is hereby affirmed.
5. So far as the quantum of compensation is concerned, the Tribunal has not taken into account the future prospects of the deceased. The deceased was a young person of 29 years of age and he had a bright future. Had he not died in the accident, his monthly income would have reasonably been enhanced. It is settled law that while computing the compensation, the future prospects of advancement in life and career should also be sounded in terms of money to augment the multiplicand. The Tribunal has only taken into account the income which the deceased used to earn at the time of the accident. The income which the deceased used to earn would not have frozen for all times to come. Thus, viewed from this angle, the annual dependency determined by the Tribunal cannot be said to be too excessive but it is an the lower side. The Tribunal has determined the dependency by applying 16 years purchase factor. In the age group to which the deceased belonged, the appropriate multiplier would have been 18 and not 16. Thus, the multiplier applied by the Tribunal is also on the lower side. It is settled law that in appeal, quantum is interfered only when it is too low or too excessive, as the case may be. Obviously, in the instant case, the compensation awarded cannot be said to be too excessive. On the contrary, it is on the lower side. However, no cross objection or cross appeal has been filed by the other side and, therefore, in the facts and circumstances of the case, I find no reason to interfere with the award impugned.
6. No other point was pressed.
7. In view of the aforesaid discussion, the appeal fails and is dismissed. No order as to costs.