Anant Kumar, J. - (1.) THIS first appeal from order under Section 173 of Motor Vehicles Act, 1988 has been filed by the United India Insurance Company Ltd. against the judgment and award dated 28.02.2006, passed by the Motor Accident Claim Tribunal/IInd Additional District Judge, Faizabad in Motor Accident Claim Case No. 215 of 2000 (Smt. Vimlesh Tripathi and others Vs. Shyam Chandra Lal and another), whereby an award of Rs. 21,17,908/ - along with 7% per annum interest on the said amount from the date of filing of the claim has been granted in favour of the claimants/respondents.
(2.) THE brief facts relevant for disposal of this appeal are that claimants/respondents had filed a claim petition before the Motor Accident Claim Tribunal regarding the death of Dr. Deen Bandhu Tripathi, S/o late Mata Prasad Tripathi. The claimant No. 1 was the widow. Claimant No. 2 was the daughter and claimant Nos. 3 and 4 were the sons of the deceased. It was stated in the claim petition that deceased Dr. Deen Bandhu Tripathi aged about 51 years was serving as Reader in K.S. Saket P.G. College, Ayodhya, Faizabad and was earning a sum of Rs. 23,954/ - per month. On the date of accident, the deceased was travelling as a pillion rider on Motorcycle No. U.P. 42 C/2094 which was driven by respondent No. 5 Shyam Chandra Lal. At 7.00 a.m. when the motorcycle reached near Bharat Kund the motorcycle which was being driven by its driver rashly and negligently, skid due to which the driver of the motorcycle as well as the deceased fell on the ground and had sustained serious injuries. The deceased was first treated at District Hospital, Faizabad from where he was referred to Lucknow where he succumbed to his injuries. Accordingly, a claim petition was filed against the driver of the said motorcycle and Insurer, United India Insurance Company.
(3.) AFTER hearing the parties, the learned Tribunal held that at the time of accident the said motorcycle was being driven rashly and negligently by its driver due to which the deceased died. While assessing the compensation the learned Tribunal came to the conclusion that at the time of accident the deceased was drawing a salary of Rs. 23,954/ - per month. Out of that amount 1/3rd was deducted for the personal expenses of the deceased and as such the dependency was assessed to Rs. 15,969/ - per month. Looking to the age of deceased a multiplier of 11 was applied and the Tribunal came to the conclusion that the claimants are entitled for a compensation of Rs. 21,07,908/ -. Apart from this, the learned Tribunal also granted Rs. 2000/ - for funeral expenses, Rs. 5000/ - for loss of consortium, Rs. 2500/ - for loss of estate. Thus, the learned Tribunal awarded a total compensation to the tune of Rs. 21,17,908/ - along with 7% interest.;