- (1.) OUT of the two instant appeals filed under section 173 of the Motor Vehicles Act, 1988 (in short 'the Act'), F.A.F.O. Defective No. 1269 of 2011, has been preferred by the claimant for enhancement of compensation awarded whereas the other F.A.F.O. No. 841 of 2008, has been preferred by the Insurance Company of the vehicle involved challenging the award. Since, both the appeals have been filed against the common Judgment and award dated 23 -02 -2008 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Pratapgarh in M.A.C. P. No. 87 of 2002, they are being decided by this common Judgment and order.
(2.) ON 2 -4 -2002 at about 11.30 a.m., the deceased, Udai Singh, an unmarried boy of about 18 years was standing behind the jeep No. U.P. 72 A 9549 belonging to respondent no. 2. Suddenly, the drier of the said jeep rashly and negligently drove the jeep in the reverse gear due to which the deceased got sandwiched between the jeep and a tree. The deceased succumbed to the injuries received while being taken to the hospital. The mother of the deceased who was then aged about 50 years filed the claim petition under section 166 of the Act inter -alia alleging therein the earning of the deceased to be about Rs. 8,000/ - per month from plying his own jeep.
(3.) THE Tribunal while passing the impugned award recorded the finding about the death of the deceased to have been caused due to rash and negligent driving of the jeep involved. It also found the jeep involved to be effectively insured with the Oriental Insurance company Ltd. and its driver having a valid driving licence at the time of accident in question. As regards the compensation, the Tribunal found that no positive evidence has been adduced before it regarding the income of the deceased. As such the Tribunal calculated the compensation holding the notional income of the deceased to be Rs. 2,000/ - per month i.e. Rs. 24,000/ - per annum and made therefrom a deduction of 1/3rd amount towards personal expenses of the deceased. However it appears that it calculated the dependency erroneously at Rs. 8,000/ - in place of 16,000/ - per annum. The Tribunal also found the age of the claimant -appellant at the time of accident to be of 52 years and used the multiplier of 11 on that basis to assess the loss of dependency at Rs. 8,000 x 11= Rs. 88,000/ - In addition to it, the Tribunal also found a sum of Rs. 5,000/ - payable towards loss of son's filiation and Rs. 2,000/ - towards the funeral expenses of the deceased. It thus awarded a total sum of Rs. 95,000/ - as compensation payable to the claimant -appellant alongwith 7% simple interest from 07 -11 -2003 the date when issues had been framed till its payment.;