Amarjeet Chaudhary, J. - (1.) THIS judgment will dispose of FAO No. 26 of 1992 filed by Smt. Kailash Devi and another, claimants, for enhancement of the compensation and FAO No. 451 of 1992 filed by Parvinder Singh & others, owners and driver of the offending vehicle No. PCI 4770 for setting aside the award as both these appeals have arisen out of the common award of the Motor Accident Claims Tribunal, Ferozepur. However, for the purpose of judgment, the facts have been taken from FAO No. 26 of 1992.
(2.) THE Motor Accident Claims Tribunal, Ferozepur (hereinafter referred to as the 'Tribunal') on a claim petition filed by the parents of the deceased Chander Mohan under Section 110 -A of the Motor Vehicles Act, had awarded a sum of Rs. 1,15,200/ - as compensation on account of the death of Chander Mohan who died on 26.9.1987 in the road accident. In F.A.O. No. 26 of 1992, the challenge to the award is that the deceased was 24 years of age at the time of his death. The Tribunal had erred in applying the multiplies of 16. The Tribunal should have applied the multiplier of 20. The other plea raised by the Counsel for the claimants is that the deceased was earning more than Rs. 3000/ - but the Tribunal had erred in assessing the income of the deceased at Rs. 900/ - per month.
(3.) IN FAO No. 451 of 1992, the owners and driver of the offending vehicle, have challenged the impugned award on the plea that the Tribunal had wrongly absolved the Insurance Company of its liability to pay compensation to the claimants as the vehicle was insured with the Insurance Company. As such, the liability to pay compensation should not have been fastened on them.;