- (1.) HEARD learned Counsel for the appellant and Mr. Shakeel Ahmad Ansari, learned Counsel appearing on behalf of the respondents.
(2.) PRESENT First Appeal From Order has been preferred against the award dated 22.11.2005, passed by the Motor Accident Claims Tribunal/Addl. District Judge (Ayodhya Prakaran), Lucknow in M.A.C. No. 248 of 2001. In brief, an accident occurred on 13.1.2001 at about 6.30p.m. when the deceased Laxman Prasad alias Ram Lakhan had gone to purchase vegetable for his family from the market in Rajajipuram, Lucknow and while he was en route, a bus, bearing No. U.P. 32A -7198 coming from the side of Sabji Mandi hit the deceased who later on succumbed to the injuries. The dependents approached the tribunal by preferring claim petition.
(3.) A plea was taken that the income of the deceased was Rs. 2200/ - per month and Rs. 1,000/ - per month on account of part time job he was engaged. The tribunal framed issues and recorded a finding that the monthly income of the deceased was Rs. 3,000/ - and after deducting 1/3rd in lieu of personal expenses, it comes to Rs. 2,000/ -. Keeping in view the age of the deceased of 35 years, the tribunal applied the multiplier of 17 as per Schedule -11 of the Motor Vehicles Act. The deceased is survived by widow and five minor children.;