- (1.) Heard learned counsel for the appellant and the learned counsel for the respondents.
(2.) The present appeal has been filed under Section 173 of the Motor Vehicles Act against the impugned award dated 6.8.2007 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 15 in Claim Petition No. 301 of 2005, Vinod Kumar Joshi & another v. Thakur Travelling Agency & another.
(3.) In brief, claimant Vinod Prasad alongwith his son Kamal Deep alias Aashu were going to their residence from Rajajipuram on Motor Cycle bearing number U.P. 32/A.L.--3062. When they reached near the hospital situated at nearby Saadat Ganj Police Station, Lucknow, a Bus No. U.P. 32 T/7265 being driven rashly and negligently dashed with the motor cycle. In consequence thereof, Kamal Deep alias Aashu succumbed to the injuries at the spot. Kamal Deep was aged about 14 years. F.I.R. was lodged and the claimants approached the tribunal for payment of compensation. Issues were framed with regard to accident, insurance policy as well as driving licence. The tribunal recorded a finding that the accident had occurred because of rash and negligent driving of the bus driver. Keeping in view the age of boy as 14 years as also the future prospect, the tribunal has assessed the income of the deceased to the extent of Rs. 15,000/- and applying the multiple of 16 awarded compensation to the extent of Rs. 2,44,500/- which includes funeral expenses of Rs. 2000/- and loss of estate of Rs. 2500/-. Feeling aggrieved, the appellant has preferred the instant appeal.;