Mahesh Chandra Sharma, J. - (1.) THESE two appeals have been filed against the judgment and award passed by MACT. Appeal No. 1475/2007 has been filed by the owner of the Bus involved in the accident. Appeal No. 5274/2008 has been filed for enhancement of the compensation awarded by the MACT. Brief facts of the case are that on 25.6.2005 when the deceased was going on cycle along with his son, she met with an accident with Bus No. MP 14 F A 0001 which was being driven by the respondent No. 1 driver of the bus with rash and negligent manner, as a result of which she died. The owner of the bus contested the claim petition and he denied any accident with the bus. The MACT on the basis of the FIR, and challan papers and framing of charge against the driver of the bus, held that the accident took place on account of rash and negligent driving of the bus. Since the deceased was working as Teacher and was drawing Rs. 9320/ - and on account of that after deducting one third amount and other deductions assessed the income of the deceased to be Rs. 4667 and since the age of the deceased was 40 years multiplier of 15 was applied. In this manner for the death of deceased compensation in the amount of Rs. 8,40,060/ - was awarded to the claimants. For burying her Rs. 2,000/ - were awarded. For love and affection of the family members in all Rs. 10,000/ - were awarded. Total compensation of Rs. 8,52,060/ - was awarded to the claimants.
(2.) THE learned counsel for the appellant has argued that the impugned award awarding Rs. 8,52,060/ - compensation to the claimants is erroneous. The MACT assessed the income of the deceased Rs. 7000/ - per month and one third amount was deducted from it. The age of the deceased was rightly determined as 40. The driver of the bus did not cause any accident and thus impugned award against the owner of the bus and driver is liable to be quashed. The learned counsel appearing for the claimants has argued that the MACT has after considering the material on record and evaluating the evidence produced by the claimants, passed the award and the compensation awarded cannot be said to be excessive. The award thus cannot be interfered with in the appeal filed by the owner of the bus. The income of the deceased was not properly assessed and thus the claimants are entitled for more compensation.
(3.) HAVING heard the learned counsel for the parties and carefully perused the impugned award including the relevant material on record, it is noticed that the learned Tribunal having considered evidence produced by the claimants and the documents exhibited on record, rightly passed the impugned award in favour of claimants and against the non -claimants. The impugned award passed by the learned Tribunal is found not to have suffered from any legal flaw, on the contrary it is found to be just and apposite, based on cogent finding, with which I fully concur. For the reasons stated, I do not find any ground to interfere in the impugned award passed by the learned Tribunal and the appeals filed by the bus owner and the claimants being bereft of any merit deserve to be dismissed, which stand dismissed accordingly after confirming the judgment and award passed by the learned Tribunal.;