- (1.) The widow and two minor sons of the deceased Shyam Bahadur aged 45 years have come forward with the present appeal challenging not only the quantum of compensation fixed by the Tribunal but also the exoneration of the Insurance Company from the entire liability.
(2.) The deceased Shyam Bahadur was 45 years old at the time when the accident took place. It was established on record that he was drawing a sum of Rs. 4175/- per month. The Tribunal reduced a sum of Rs. 665/- towards House Rent allowed to the deceased from the total emoluments and thereafter deducted 1/3rd there from. Having applied the multiplier of 13 the Tribunal arrived at the loss of dependency. The Tribunal awarded a sum of Rs. 20,000/- towards loss of consortium of the 1st appellant Meena and a sum of Rs. 20,000/- towards funeral expenses. The future prospect of the deceased was not taken into consideration. Nothing was awarded towards transportation expenses. The Insurance Company was completely relieved of from the liability to answer the claim as the Tribunal came to the conclusion that the driver of the offending vehicle namely Mahindra Champion Auto which is a alight commercial vehicle possessed only a driving license for motor cycle and three seater vehicle.
(3.) The learned counsel for the appellant would make four fold submissions. 1) The Tribunal should have applied the multiplier of 14, when it was established that the deceased was 45 years old at the time of accident. 2) No amount towards house rent should have been deducted from the salary of the deceased. 3) The future prospects was not taken into consideration and no transportation expenses were awarded. 4) As it is only a violation of condition of the policy even as per the decision arrived at by the Tribunal, the Insurance Company should have been directed to pay the compensation awarded and a right to recover the compensation paid by it should have been given to it.;