- (1.) We have heard Sri Anshu Chaudhary, counsel for the appellants, and perused the record as also papers filed alongwith memo of appeal. Challenge in this appeal is to the award dated 18.3.2005 passed by M.A.C.T./Special Judge (Dacoity Affected Area), Etah in M.A.C.P. No. 416 of 2001, partly allowing the claim of the appellants. The order is assailed on the ground that the accident had occurred due to rash and negligent driving of tractor driver which is evident from naksha nazri as well as statements of witnesses; that the deceased was not negligent in any manner; that the court below has not calculated amount of compensation in accordance with the provisions laid down in Schedule-II of Motor Vehicles Act; that the Tribunal has awarded meagre amount of compensation, and has illegally applied the multiplier by considering age of the complainant-appellants, who are his parents. The order is also assailed on the ground that the Tribunal has wrongly deducted 1/3rd of the notional income to be incurred by the deceased in maintaining himself. It is lastly argued that the deceased was a good student and he would have got good job, but his future prospects have not been considered which has resulted in award of less compensation.
(2.) Brief facts culled out from the record are that a claim petition under Section 160 of Motor Vehicles Act, was filed in respect of the aforesaid accident which occurred on 26.6.2001 at about 9.30 a.m. on Tundala-Etah road near bridge on Sirsa river with tractor No. U.P. 81H/0505. The offending vehicle, i.e., tractor, aforesaid, was being driven in rash and negligent manner when the accident took place with motor-cycle No. U.P. 80M/2517 of Saurabh (since deceased). The motor-cycle was being driven by one Ramesh Chandra son of Sonpal. Ramesh Chandra and Saurabh both died on the way to hospital at Firozabad road. The tractor driver ran away from the spot leaving behind the tractor-trolley. The report of accident was lodged by Raghuvir Singh son of Sonpal on 26.6.2001 at about 3.45 p.m. in police chaoki-Nagla Beech, P.S.-Narkhi. The age of the deceased at the time of accident was said to be 18 years.
(3.) The claim petition was contested by Rishi Pal Singh, owner of the tractor as well as by National Insurance Company Ltd. with whom it was insured. On the basis of the pleadings of the parties, the Tribunal framed following issues:;