RAJES KUMAR, S.S.CHAUHAN, JJ. - (1.) THIS first appeal from order has been filed against the judgment and award dated 6.8.2005. passed by the Motor Accident Claims Tribunal, Lucknow in C.P. No. 514 of 1999.
(2.) THE facts, in brief, are that on the date of incident, Le., 30.9.1999, at about 1.30 a.m., the respondent No. 1 alongwith her husband and one Siddharth Bhatt, was going to Kanpur in her Santro car No. U.P. 32-A.A. 1188. As soon as they reached near Village Ashakheda, Police Station Sohramau, truck No. U.P.-92-B-0141, which was coming from the opposite direction and was being driven rashly and negligently, hit the car from the wrong side, on account of which the husband of the respondent No. 1 received grievous injuries and he died on the spot. The husband of the respondent No. 1 expired on account of rash and negligent driving of the truck. On these allegations, a claim petition was preferred before the Motor Accident Claims Tribunal, claiming compensation. The Motor Accident Claims Tribunal proceeded to decide the claim and made an award of Rs. 15,64,945. Feeling aggrieved with the said order, the appellant has filed this appeal. The learned counsel for the appellant has submitted that the income of the deceased has wrongly been assessed by the Tribunal. He has also submitted that the multiplier applied by the Tribunal is also high.
(3.) THE learned counsel for the respondents on the other hand has submitted that there is no illegality in the award passed by the Claims Tribunal. The deceased was a person who was income tax payee and was having an independent business and in support of the claim, income tax return of the deceased was filed as evidence before the Tribunal, which showed the income of the deceased as Rs. 1,55,645, on which he paid income-tax of Rs. 16,780. Therefore, the multiplier as contemplated under the Second Schedule has rightly been applied and the award of the Tribunal is liable to be maintained.;