- (1.) HEARD learned Counsel for the appellant and learned Counsel for the respondents and perused the record.
(2.) PRESENT appeal under Section of the Motor Vehicles Act has been filed against the impugned award dated 7.9.2007, passed in Motor Accident Claim Petition No. 405 of 2002, decided by the Motor Accident Claims Tribunal, Lucknow. In brief, the deceased Chandrashekhar, aged about 22 years, was working as a Cleaner. On 17.7.2002, while discharging his duty as Cleaner over truck No. UP 35/B 4558, he was asked to remove bricks lying adjacent to truck. When he was removing the bricks from road, because of negligence on the part of truck driver, the truck suddenly moved on and crushed Shri Chandrashekhar. In consequence thereof, Chandrashekhar succumbed to the injuries. A First Information Report was lodged under Crime No. 197/02 and the dependents of deceased Chandrashekhar filed a claim petition before the tribunal with assertion that the monthly income of the deceased was about Rs. 3,000/ - per month and the family was dependent over his income. The tribunal had framed issue with regard to accident held on 17.7.2002 as well as the negligence on the part of the driver as well as the deceased. Issue No. 3 relates to insurance and issue No. 4 relates to driving licence.
(3.) ON the basis of the evidence led by the parties, the tribunal recorded a finding that because of negligence on the part of the truck driver, the accident occurred and the deceased succumbed to the injuries. The tribunal has assessed the income of the deceased at the rate of 28,800/ - per month of which 1/3rd is Rs. 9,600/ - and multiplier of 15 has been used resulting in total compensation to the tune of Rs. 1,44,000/ -. Under Schedule 2 of the Motor Vehicles Act, 1/3rd should have been deducted from the personal expenses and 2/3rd should have been paid to the dependent of the deceased as compensation. However, just reverse has been done by the tribunal while deciding the quantum of the compensation. Error seems to be at the face of record.;