Satish Chandra, J. - (1.) Present appeal has been filed by the appellants-claimant under Section 173 of Motor Vehicle Act, 1988, for enhancement of the compensation, against the judgment and award dated 30.7.2005, passed by the Motor Accident Claim Tribunal, Faizabad, in Claim Petition No.183 of 2003.
(2.) The brief facts of the case are that on 14.05.2000, at about 4.30 P.M., Sri Jai Prakash was driving a jeep bearing number U.P. 78 J/6843 from Faizabad to Lucknow. He was carrying five persons in the jeep. When he reached near Bakarpur, from the opposite direction, a tractor bearing number U.P. 41 B/5214 was coming, whose driver was driving it carelessly, negligently and rashly and collided with the jeep which resulted the death of five persons including the driver of the jeep. Being aggrieved, the claimants-appellant have filed the claim petition, where the Tribunal has awarded a total compensation of Rs.2,40,000/- by observing that the accident was a contributory accident, so only half amount i.e. Rs.1,20,000/- was awarded in favour of the claimants-appellant. Not being satisfied, the appellants-claimant have filed the instant appeal.
(3.) With this background, Sri Shakeel Ahmad Ansari, learned counsel for the appellants-claimant submits that the amount is meager one and there was no contributory accident. For accident, the tractor is solely liable. It is also a submission of the learned counsel that there is no evidence available on record that the accident took place due to head on collision. The Tribunal has wrongly held that the FIR was not lodged in accordance with the version of the claim petition. The site plan was not correctly examined by the Tribunal. The Tribunal has disbelieved the income of the deceased and the Tribunal has chosen the wrong multiplier. For this purpose, he relied on the ratio laid down in the following cases:- 1. Ravi Kapur v. State of Rajasthan, 2012 (4) T.A.C. 745 (S.C.) 2. Usha Rajkhowa and others v. Paramount Industries and others, 2009 (2) T.A.C. 11 (S.C.) ;