Rakesh Srivastava, J. - (1.) The claimants-appellants have filed this appeal against the judgment and award dated 17.08.2017 passed by the Motor Accident Claims Tribunal/ Additional District Judge, Court No. 1, Faizabad in Motor Accident Claim Case No. 147 of 2016 (Smt. Shail Kumari & Ors. v. The New India Insurance Co. Ltd. & Ors.) seeking enhancement of compensation.
(2.) On 10.04.2016, at 04.00 a.m. in the morning, a mini truck bearing registration No. UP 14AJ 1765 dashed against the truck bearing registration no. UP 78T 1031 near Prakash Hospital in village Tenua, Police Station Haraiya, District Basti. As a result of the said accident, Ram Jit Yadav and Sanjiv Kumar Srivastava died on the spot. The deceased, Sanjiv Kumar Srivastava, was the husband of the appellant no. 1 and father of appellant no. 2 and son of appellant nos. 3 and 4 herein. The claimants-appellants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short the 'Act') against New India Insurance Company Limited, respondent no. 1, the insurer of the offending truck No. UP 78 T 1031, Yatish Kumar Singh and Vishwanath, the owner and driver of the offending truck, and Iffco Tokio General Insurance Company Ltd. respondent no. 2 herein the insurer of the mini truck no. UP 14 AJ 1765. A claim for compensation to the tune of Rs. 25,06,000/- along with interest was made. They pleaded that the accident was caused due to the rash and negligent driving of the offending truck which was owned by respondent no. 2. At the time of his death, the deceased was 35 years of age and he was earning a sum of Rs. 6,000/- per month. The claim was contested by the respondents.
(3.) After analyzing the evidence on record, the Tribunal held that the accident was caused due to the rash and negligent driving of truck no. UP 14AJ 1765. While deciding the quantum of compensation, the Tribunal arrived at the conclusion that the income of the deceased was Rs. 4,000/- per month. The Tribunal deducted 1/3rd of his monthly income towards his personal living and expenses and determined the loss of earning to the family as Rs. 32,000/- per annum. The Tribunal then applied the multiplier of 16 and held that the claimants were entitled to a sum of Rs. 5,12,000/- as compensation. The Tribunal further awarded a sum of Rs. 10,000/- to the appellant no. 1, wife of the deceased towards loss of consortium. A sum of Rs. 5,000/- was awarded towards loss of estate and Rs. 3,000/- towards funeral expenses. The Tribunal awarded a total compensation of Rs. 5,30,000/- along with interest at the rate of 7% per annum from the date of the claim petition till the time of actual payment.;