SALIL KUMAR RAI,J. - (1.) Heard Sri Sharve Singh, counsel for the appellant and Sri Arun Prakash, counsel for the Insurance Company, i.e., respondent no. 1.
(2.) The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the claimants praying to enhance the compensation awarded by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, District Allahabad (hereinafter referred to as, 'Tribunal') through its impugned award dated 23.3.2004 passed in Motor Accident Claim Petition No. 810 of 2000. Through its aforesaid award, the Tribunal awarded a compensation of Rs.70,000/- to the claimants for the death of their six year old daughter in an accident caused by the vehicle of respondent nos. 2 and 3.
(3.) Motor Accident Claim Petition No. 810 of 2000 was instituted by the claimants praying for compensation of Rs.6,60,000/- for the death of their daughter Kr. Subi on 1.11.2000 in an accident caused due to rash and negligent driving of Vehicle No. U.P.-70 K-9111. The respondent nos. 2 and 3 are the owners of the vehicle which was insured with respondent no. 1. In its award dated 23.3.2004, the Tribunal framed Issues regarding the factum of accident, the negligence of the driver of the Vehicle No. U.P.-70 K-9111 in causing the accident, the inter se liability of the respondents to pay compensation to the claimants as well as the amount of compensation payable to the claimants. In its award dated 23.3.2004, the Tribunal decided the Issues regarding factum of accident and the negligence of the driver of the offending vehicle in causing the accident in favour of the claimants and also held the Insurance Company liable to pay compensation to the claimants because at the time of accident, the vehicle was insured with respondent no. 1/Insurance Company and the driver of the vehicle had a valid driving license. However, the Tribunal, without applying the multiplier method and without determining the multiplicand in the case, awarded an amount of Rs.70,000/- to the claimants for the death of their six year old daughter.;