- (1.) S. R. Alam, J. This appeal under S. 173 of the Motor Vehicles Act has been filed against the award of the Motor Accidents Claim Tribunal. Ferozabad, dated 16-12-1998 in Claim Petition No. 148 of 1993 awarding a compensation of Rs. 5,50,893 to the dependants of the deceased who died in a road accident.
(2.) HEARD learned counsel for the appellant and Sri B. R. Singh, learned Advocate for the opposite parties. The short facts of the case is that on the fateful day, i. e. 19-3-1993, the deceased Ajay Kumar Gupta, while on way from Shikohabad to Sirsaganj on a motor cycle bearing registration No. UP 83-1790 and when he reached to bye pass road at 2. 30 P. M. Truck No. RRD 3447 coming rashly from opposite direction dashed him resulting his instant death on the spot. One Naresh Kumar who was also riding on pillion, got seriously injured and while being taken to Shikohabad hospital, died in the way. The driver fled away leaving the truck at the accident site. The father of the deceased, namely, Purshottam Das Gupta lodged First information Report at Police Station Shikohabad about the accident. The widow and parent of Ajay Kumar Gupta filed Claim Petition No. 148 of 1993 claiming compensation of Rs. 29,12000. It is not in dispute that at the time of death the deceased Ajay Kumar Gupta was of 25 years age and was working as an LIC Agent in the Branch Office of Shikohabad and was earning Rs. 4000/- per month. Claimant respondent No. 1 is widow of the deceased and claimant respondent No. 2 and 3 are parents who were dependent upon the deceased. It has also been proved that the death of deceased was caused on account of road accident on 19-3-1993 due to rash and negligent driving of the truck in question. The truck was covered by the policy of insurance, which was filed before the Tribunal and marked as Paper No. 37-Ga. The learned Tribunal having appreciated the evidence on record, awarded a compensation of Rs. 5,50,893/- with interest at the rate of 12% per annum with effect from 21-8-1993, half of which was payable to the widow, claimant respondent No. 1 and remaining half to the mother of the deceased, claimant respondent No. 2.
(3.) LEARNED counsel for the appellant in support of appeal, urged three points; viz. , (I) that the driver who was driving the vehicle in question at the time of accident is not having valid licence; (ii) that the income of the deceased has not correctly been assessed and calculated; and (iii) that the multiplier has wrongly been applied by the Tribunal. Having heard the learned counsel for the appellant and also having perused the award, we do not find any merit in any of the points urged by the learned counsel for the appellant.;