R.P. Misra and Krishna Murari, JJ. - (1.) Heard Sri S.K. Mehrotra learned Counsel for the appellant and Sri Ram Singh appearing for the respondent Nos. 1 to 4.
(2.) This First Appeal From Order is directed against the award of Motor Accident Claims Tribunal. One Nand Lai Misra who was employed as a constable in U.P. Police is alleged to have died in an accident on account of rash and negligent driving of the vehicle No. UP 70-G/9381 insured with the appellant company. The accident took place on 18th September, 2000 at about 8.00 p.m. The dependants of the deceased filed a petition claiming compensation of Rs. 12,27,632/-. The Claims Tribunal awarded a sum of Rs. 7,41,540/- as compensation. Apart from above the Tribunal also allowed a sum of Rs. 5,000/- towards funeral expenses and a sum of Rs. 5,000/- for loss of consortium and Rs. 5,000/- towards loss of Estate.
(3.) The main grounds of attack as urged by the learned Counsel for the appellant are that (i) it was fully proved before the Tribunal that the deceased was murdered by the driver of the truck and it was not a case of accident but the Tribunal illegally disbelieved the same (ii) Tribunal has wrongly calculated the compensation treating the salary of the petitioner to be Rs. 5,452/- per month and applying the multiplier of 17.;