- (1.) HEARD learned Counsel for the appellant and Sri M. N. Siddiqui, Advocate on behalf of claimants-respondents.
(2.) ONE Jagat Pal, aged about 21 years, was going on foot on road when he was hit by Jeep (Registration No. UP 78 H 2716) on 7-2- 1995 at about 9. 30 a. m. near Udaipur Jhal (Kanpur Nagar), as a consequence of which, he received injuries and died. In the course of the said accident, one Pappan alias Brajesh also died. It is contended that Jagat Pal was a Mistri (Rajgir) and earning on average Rs. 2,000/- per month. At the time of the accident, Smt. Munni Devi (wife of the deceased) was aged about 19 years whereas mother and father were 42 and 50 years respectively. Claimants filed Claim Petition under Section 176, Motor Vehicles Act, claiming Rs. 14,91,000/- as compensation. New India Insurance Company was also impleaded as a party by the owner of the vehicle (Mohd. Ayub ). Insurance Company filed written statement and contested the claim apart from written statement being filed by the owner of the vehicle (Mohd. Ayub ). There is no serious dispute about the vehicle being insured with the appellant Insurance Company. Otherwise also, we find no ground in the appeal before us that the vehicle was driven against terms and conditions of Insurance policy. It is worthwhile to note that the Tribunal has specifically observed, while discussing Issue No. 3, that insurance of the vehicle by the said Insurance Company has not been disputed.
(3.) NONE of the legal grounds contained in the First Appeal From Order before this Court are available in view of statutory defences provided under Section 149, Motor Vehicles Act. Even otherwise, we have perused the judgment passed by the concerned Motor Accident Claims Tribunal and find that it had given deduction of Rs. 500/- per month on the head of 'personal expenses'. Multiplier applied by the Tribunal has also not been challenged. We have checked up from the schedule contained in the Motor Vehicles Act and considering the age of the mother, multiplier of 15 has rightly been applied. In view of the above, we find no illegality in the impugned judgment and award passed by Motor Accident Claims Tribunal dated 29-11-1996. First Appeal From Order has no merit. It is accordingly dismissed. Claimants/respondents shall now be entitled to withdraw the amount, if any, disposited under interim order of this Court or with the Tribunal, forthwith.;