- (1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) has been filed challenging the correctness of the award dated 26.02.2015 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Bareilly in MACP No. 984 of 2011 awarding compensation of Rs.7,07,400/- along with 7% interest.
(2.) Relevant facts of the case, in brief, giving rise to the claim petition are that in the morning of 05.11.2011 at about 7.30 a.m., one Fundan Khan was going on his cycle and when he reached on the crossing of Road No. 8 then a motorcycle bearing No. UP25 AN 9064 coming from Bhojipura, which was being driven very rashly and negligently, hit Fundan Khan in which he received grievous injuries, he was admitted in R.M.S. Hospital, Bareilly and died on 09.12.2011. It was pleaded that deceased Fundan Khan was 18 years old and was earning a sum of Rs.6000/- per month from doing the job of painter. Claim petition was filed by the mother of the deceased, who was shown to be aged 47 years, against the owner of the vehicle respondent no. 2, Liyakat Hussain and the appellant-insurance company, namely, United India Insurance Company Limited. Compensation to the tune of Rs.6 lacs along with 15% interest was claimed. Respondent no. 2, owner of the vehicle despite service did not contest the proceedings and the case proceeded ex parte against him. Appellant-insurance company filed written statement denying the incident. It was pleaded that no accident took place and the death did not occur due to accident. In the alternative, it was pleaded that at the time of the accident, the driver of the motorcycle did not have valid driving licence and the vehicle was being driven in violation of the term of the policy. On the basis of the pleadings, the Tribunal framed following four issues. "I. Whether on 05.11.2011 at about 7.30 a.m., near Road No. 8, Bareilly, Nainital road, Thana Izzatnagar, District Bareilly, the driver of Motorcycle No. UP25 AN 9064, which was being driven in a very rash and negligent manner, caused accident hitting Fundan Khan causing grievous injuries on account of which he died. II. Whether on the day and time of the accident, the offending vehicle was duly insured with the insurance company. III. Whether on the date and time of the accident, the driver of the offending vehicle was not having a valid and effective driving licence. IV. Whether the appellant is entitled to any compensation and if yes, what amount and from whom."
(3.) With regard to issue nos. 2 and 3, which was decided in favour of the claimant, the appellant had not raise any objection. While deciding issue no. 4, the Tribunal relying upon the oral evidence adduced, held that deceased was earning about Rs.6000/- per month from doing work of painter and taking into consideration the fact that work would not be available every day, he took the income to be Rs.4000/- per month. It further allowed 50% towards future prospect and applied a multiplier of 16, taking into consideration the age of the deceased. The Tribunal also awarded a sum of Rs.50,000/- towards loss of love and affection, Rs.25,000/- towards funeral expenses and a sum of Rs.84,406/- was awarded towards medical expenses and Rs.10,000/- as charges for the attendant to attend the injured and in this manner, a total sum of Rs.7,07,400/- was determined as compensation along with interest of 7% from the date of filing of the petition till the date of payment was also awarded.;