N.K.JAIN, J. - (1.) These two appeals are directed against the Judgment/Award dated 17.7.1996 passed by Motor Accident Claims Tribunal, Jaipur City, Jaipur in MACT Case No. 664/92, whereby Tribunal has awarded a sum of Rs. 2,98,000/- as compensation in favour of claimants in respect of death of late Shri Badri Prasad who died in an accident took place on 25.7.1992 arising out of motor vehicle.
(2.) The claimants have filed S.B. Civil Misc. Appeal No. 1038/1996 for enhancement of amount of compensation whereas the Oriental Insurance Company has filed S.B. Civil Misc. Appeal No. 548/1998 to exonerate the Insurance Company from its liability to indemnify the claim amount.
(3.) The counsel for the claimants appellants contended that in view of the age of the deceased, the multiplier of 10 applied in the present case for the purpose of calculating the amount of compensation is inadequate, therefore, multiplier of 16 should be applied. The counsel for the Insurance Company has contended that it was a case of contributory negligence, therefore, the amount of compensation should be reduced to the proportionate for which deceased is held to be responsible for the accident. The counsel for the appellants submits that it was a total negligence on the part of the driver Narendra Singh who was responsible for the accident. FIR was registered in the matter and after investigation the investigation agency filed a challan against him for the offence u/s. 304 A IPC. The Tribunal has also recorded a finding that deceased was not responsible for this accident. Therefore, he submits that no amount can be deducted on account of contributory negligence as alleged by the Insurance Company. The counsel for the Insurance Company countered the submission of the appellant in respect of enhancement of compensation and submitted that deceased was working as Peon in UCO Bank and he was earning Rs. 2,378/- p.m. If ?rd amount is deducted for his personal use then dependency comes around to Rs. 1,600/-p.m. and even if the multiplier of 16 as contended by appellants is applied, the amount of compensation comes around to the same amount which has already been awarded in favour of the claimants. He submits that the Tribunal wrongly assessed the income in the facts and circumstances of the present case. ;