Ram Krishna Gautam, J. - (1.) This appeal under Section 173 of Motor Vehicles Act, 1988 has been filed by National Insurance Co. Ltd. against judgment and award dated 08.01.2003, passed by Motor Accident Claims Tribunal / Additional District Judge, Court No. 12, Allahabad in M.A.C.P. No. 157 of 2001, with this contention that Tribunal failed to appreciate the facts and law placed before it.
(2.) The accident was the result of contributory negligence of the driver of Tractor No.MP-17/D-8998 and the driver of the offending Truck, but no apportionment of liability in between the appellant and the owner of Tractor was made by the Tribunal, whereas deceased was sitting on the attached trolly when accident occurred and this was owning to rashness and negligence of Tractor driver. There was no rashness of Truck driver (DW-1), as was proved by him, but Tribunal failed to appreciate it. The future prospects was taken, whereas no such law was there at the time of accident. The salary of the deceased was Rs.8,000/- per month. The scheduled deduction of 1/3rd income towards dependency and multiplier of 15 will resulted compensation of Rs.9,60,120/-, whereas the Tribunal has awarded compensation of Rs.11,77,000/-. The interest over prospective income was awarded, which may not be awarded in view of judgment of Supreme Court in 1995 A.C.J. 366.
(3.) Heard learned counsel for both sides, gone through the impugned judgement and material placed on record.;