- (1.) This is claimants' appeal for enhancement of compensation awarded by MACT/Special Judge/S.C.& S.T. Act, vide award dated 21.9.2005 in MAC Case No. 509 of 2004, whereby a sum of Rs. 1.94,000/- along with pendent elite interest @ 6% per annum have been awarded to the appellants on account of death of their unmarried son in the instant motor accident.
(2.) The appellants have alleged in the claim petition that their Sonu @ Ajit Singh aged about 20 years was working as conductor on truck of respondent no. 1 bearing registration no. UP 78N-7014 and was getting pay of Rs.3600/- per month. On 21.8.2004 the deceased was going on the aforesaid truck which turtled on account of rash and negligent driving of its driver at about 1.00 on G. T. Road near police out-post Govindpur of P.S. Sadabad District Hathras and the son of appellants sustained fatal injuries and died on the spot. The claimants being legal representatives of the deceased have preferred claim for Rs. 9.34 lacs. It was contended that the aforesaid truck was owned by respondent no. 1 and it was insured with respondent no. 2 on the date of accident. The respondent no. 1 admitted the employment of deceased as helper on his aforesaid truck and stated that he was getting salary of Rs. 2,000/- and Rs. 40/- per day as diet. The rash and negligent driving of the truck by its driver was denied stating that all of a sudden the accident took place in order to save a cyclist. The insurance company also resisted the claim by filing written statement and inter alia pleaded breach of breach of contract of insurance. The learned Tribunal after analysis of the evidence adduced by the parties has awarded compensation as stated above. Aggrieved the claimants have come up in appeal.
(3.) We have heard the learned counsel for the appellant and perused the impugned award. Learned counsel for the appellant has vehemently argued that the Tribunal has erred in taking the monthly income of the deceased at Rs. 1,500/- per month, while the owner of the truck has admitted payment of monthly salary of Rs. 2,000/- and Rs. 40/- per day for diet to the deceased. In an appeal for enhancement of compensation in motor accident claim cases, we are required to consider the age and income of the deceased and if the deceased is a bachelor than the age of his parents will have to be ascertained. In the instant case the learned Tribunal without mentioning the age of the appellants has applied multiplier of '16', which according to 2nd Schedule of Motor Vehicles Act is used for victims within the age group of above 35 years and below 40 years. Neither in the memo of appeal nor in the entire impugned award the age of the appellants has not been mentioned and straight away multiplier of '16' has been applied for quantifying the amount of compensation. We do not agree with the contention of the learned counsel for the appellants, that since they have not challenged the multiplier used and deductions made by the Tribunal in calculating the amount of compensation, so it cannot be looked into by this Court. While hearing an appeal for enhancement of the compensation even for admission, all the components required for quantifying the just and fair compensation payable to the claimants have to be evaluated by the appellate Court. In the facts and circumstances of this case, it would not be expedient in the interest of justice only to consider the income of the deceased in this appeal for enhancement of compensation. Ultimately just and reasonable amount of compensation can be ascertained only when the income of the deceased and age of his parents are correctly taken and appropriate multiplier is chosen. In the instant case the learned Tribunal after evaluating the evidence on record has recorded the following findings under issue no. 6: "xxx xxx xxx";