- (1.) The judgment and award passed by the MACT No.II Bijapur, in MVC No.1476/2010 is challenged in these appeals.
(2.) Briefly stated the facts are; It transpires that on 15.03.2010 at about 9.30 p.m., the deceased Avinash was proceeding by walk on the extreme end of the road and when he came near the curve of Wakhari Village of Pandharpur Taluk, a goods truck bearing No.MWC- 4144 came in a high speed in a rash and negligent manner and collided to the deceased Avinash and thereby caused the accident, as a result of which Avinash succumbed to the accidental injuries on the spot. Based on these facts, parents and brother of claimant preferred the claim petition before the Tribunal. The Tribunal after analyzing the evidence available on record allowed the petition awarding the compensation of Rs.3,42,750/- with interest @ 6% p.a. Being aggrieved by the said judgment and award, the insurer is before this Court challenging the liability as well as quantum of compensation awarded by the Tribunal. Whereas the claimants are in appeal seeking for enhancement of the compensation awarded.
(3.) Learned counsel appearing for the insurer would contend that the Tribunal has wrongly applied the multiplier of 18, considering the age of the deceased instead of considering the age of the younger parent of the deceased. It is further contended that 1/3rd amount deducted towards the personal expenses of the deceased from the monthly income of Rs.3,000/- is against the principles of law laid down by the Apex Court in the case of SARLA VERMA V/s DELHI TRANSPORT CORPORATION, 2009 ACJ 1298 . It is further submitted that the Tribunal has erred in not appreciating the material evidence available on record that there was contributory negligence on the part of the deceased Avinash, which was proved and as such the Tribunal fastening the liability on the insurer to the extent of 75% is contrary to the material evidence available on record.;