- (1.) Heard Mr. Ved Prakash, learned counsel for the appellant and learned counsel appearing on behalf of the respondent.
(2.) This is an appeal under Section 173 of the Motor Vehicles Act against the impugned award dated 20.2.2009, passed by the Motor Accident Claims Tribunal/District Judge, Sultanpur in Motor Accident Claims Petition No.191 of 2008. The deceased Mohammad Waseem, aged about 38 years was working in Saudi Arbia in shoe business. On 30.1.2008 at about 5.15 p.m., he had gone to Jagdishpur for certain work. Adjacent to liquor shop, a truck No.UP 25T/6571 driven rashly and negligently hit the motorcycle of the deceased bearing No.44M/0541. Mohd. Waseem succumbed to the injuries at the spot and driver of the truck has ran away without taking care of the injured. The claimant respondents preferred the claim petition for payment of compensation asserting that the monthly income of the deceased was almost Rs.45,000/- per month and she is entitled for compensation to the tune of Rs.8,30,000/-. It has been pleaded before the tribunal that the deceased used to send an amount of Rs.30,000/- per month to the family from Saudi Arabia. After considering evidence on record, the tribunal assessed the income of the deceased at the rate of Rs.15,000/- per month and applied the multiplier of 11 providing compensation to the tune of Rs.13,20,000/-.
(3.) Learned counsel for the appellant has assailed the impugned award, broadly on two grounds, viz the income assessed by the tribunal is based on unfounded fact and secondly it is a case of head on collusion, hence the compensation should be apportioned accordingly. Coming to first limb of argument advanced by the learned counsel for the appellant. It appears that no documentary evidence was produced before the tribunal by the claimant respondents with regard to income of the deceased Mohd. Waseem. In her statement, the claimant stated that almost after six months, the deceased used to send an amount of Rs.80,000/-. She further stated that the income of the deceased was Rs.45,000/- per month. Though, there appears to be contradiction in the statement made with regard to the income of the deceased but it appears that keeping in view the statement given by the wife of the deceased that Mohd. Waseem used to send an amount of Rs.80,000/- at the interval of six months, the income has been assessed at the rate of Rs.15,000/- per month.;