Pankaj Mithal, J. - (1.) One Subodh Kumar Agrawal was knocked down to death by a negligently driven truck. The truck was insured with New India Assurance Co. Ltd. The dependants of the deceased, i.e., his widow Abha Rani, two minor children and parents joined together to file a claim petition under section 166 of the Motor Vehicles Act claiming compensation of Rs. 6,50,000. According to them the deceased aged about 28 years was working as an Assistant Manager in Vikas Food Products, Agra and was drawing a salary of Rs. 2,500 per month.
(2.) The claim was opposed by the respondents on the ground that the deceased himself was negligent in riding a moped and, therefore, neither the owner of the truck nor New India Assurance Co. Ltd. were liable for payment of compensation. The factum of the deceased being employed as Assistant Manager in Vikas Food Products, Agra was also denied. New India Assurance Co. Ltd. by filing a separate written statement further alleged that the truck driver was not having a proper driving licence and, therefore, the insurance company is not liable for the payment of any compensation.
(3.) Motor Accidents Claims Tribunal vide the impugned judgment, order and award dated 29.3.1993 held that the accident took place due to negligence of the truck driver alone. Tribunal awarded a sum of Rs. 2,04,000 to claimants-appellants by taking Rs. 15,000 as the notional income of the deceased in view of Second Schedule of the Act by applying the multiplier of 18.;