B.D.AGARWAL, J. - (1.) THIS appeal under Section 110-D of the Motor Vehicles Act, 1939 is directed against the award of the Motor Vehicles Accident Claims Tribunal (I Additional District Judge), Varanasi dated 20-3-1978.
(2.) THE accident in question occurred on 1-12-1975. Mool Chand, the deceased was on cycle being on way back from Maduadih towards Varanasi city. Truck No. UTD 1256, belongs to M/s. Roshan Transport and Forwarding Agency, Varanasi (appellant No. 2). On account of the truck having dashed against Mool Chand, the latter severely and injured and died instantaneously. The claim for compensation was laid by the respondent in the capacity as the wife of Mool Chand, deceased, contending that the accident occurred due to rash and negligent act of the driver of the truck. The claim was resisted by the appellants, who refuted that the accident took place due to any rashness or negligence on the part of the driver and pleaded also that the amount of compensation namely, Rs. 86,850/- claimed by the respondent is highly exaggerated. Upon considering the evidence, the Tribunal had taken the view that the accident took place due to rash and negligent driving of the truck. In regard to the quantum of compensation, it has been assessed estimating the probable income of the deceased to be at Rs. 10/- per day. Out of this the Tribunal has observed that he may have spent half for himself. In that manner the Tribunal has come to the conclusion that the deceased will have been in position to spend Rs. 150/- per month on an average over his wife and two children. He applied the multiplier of 27 on the basis of the estimate of the age of the deceased as 60 years (who was about 32-33) years ok)) at the time of his death. The Tribunal concluded that the amount which the respondent may obtain by of compensation is Rs. 48,600/- only.
(3.) AGGRIEVED against the award, the owner of the truck, namely the appellant No. 2 and the Oriental Fire & General Insurance Co. Ltd. have preferred this appeal.;