- (1.) This is a first appeal directed against the award dated June 2, 2007, passed by learned Motor Accident Claims Tribunal, Hoshiarpur, whereby an award of Rs. 2,90,000 has been passed in favour of the claimants on account of death of Shiv Kumar alias Sonu.
(2.) The Insurance Company earlier raised a plea that licence of the driver was fake. Evidence was led, which established that the licence was valid. After having failed before the Tribunal, the present appeal has been preferred to challenge quantum of compensation awarded.
(3.) It has come on record that the deceased was a young man of 25 years of age, who died in the accident. The claimants had claimed higher compensation on the basis of deceased' s income of Rs. 3,500 p.m., but the Tribunal in its wisdom assessed the income of the deceased at Rs. 2,400 p.m. and after deducting 1/3rd, the dependency was assessed at Rs. 1,600 per month and multiplier of 15 has been applied. Under the provisions of Motor Vehicles Act, a multiplier of 17 has been provided. The quantum of compensation is challenged on the ground that the Insurance Company was permitted to contest the claim on merit on being granted leave under Section 170 of the Motor Vehicles Act.;