DEVI PRASAD SINGH, J. - (1.) CAUSE list has been revised. None appeared for the respondents. This is a case of 1994, hence the appeal is being decided with the assistance of the learned standing counsel. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') against the impugned award dated 17.8.1994, passed by the Motor Accident Claims Tribunal (1st Additional District Judge, Bahraich) in M.A.C.T. No. 43/70/85.
(2.) THE claim filed by the appellants was allowed by the Tribunal granting compensation to the tune of Rs. 1,06,000. Feeling aggrieved with the insufficiency of compensation, the present appeal has been preferred for the enhancement of the compensation. The husband of appellant No. 1 late Sri Ashok Prasad Singh died in an accident on 19.2.1984 at about 4.15 p.m. while coming from Faizabad to Bahraich in his Jeep No. U.R.V.-2728. The deceased was an employee of the Uttar Pradesh Rajya Bhumi Vikas Bank Limited and his monthly salary, as recorded by the learned Tribunal, was Rs. 2,183. The Tribunal, after recording of evidence and providing opportunity of hearing to the parties, has recorded a finding of fact that the deceased succumbed to his injuries on account of accident which took place on 19.2.1984. The jeep was driven by driver Sri Karuna Shanker Tiwari. The Tribunal has awarded compensation to the tune of Rs. 1,06,000.
(3.) WHILE assailing the impugned award, the learned counsel for the appellant Sri R. P. Singh submits that the Tribunal has not applied multiplier as given in Second Schedule of the Act and has also not granted the damages for funeral expenses, loss of consortium and loss of estate, etc. The learned counsel for the appellants has relied upon the judgments in General Manager, Kerala State Road Transport Corporation, Trivandrum v. Susamma Thomas (Mrs.) and others, 1994 (2) SCC 176; U. P. State Road Transport Corporation and others v. Trilok Chandra and others, 1994 (4) SCC 362; New India Assurance Company Ltd., Haldwani v. Smt. Kiran Singh, 1998 (2) JCLR 1098 (All) : 1998 (4) AWC 477 and U. P. State Road Transport Corporation v. Smt. Premwati and others, AIR 1992 All 271 : 1992 (1) AWC 408. We have heard the learned counsel for the appellants as well as the learned standing counsel for the State assisting the Court and perused the record.;