VINEET KOTHARI,J. - (1.) The appellant- National Insurance Company Ltd. has filed the present misc. appeal against the judgment and award dated 30.09.2013 passed by learned Judge, Motor Accident Claims Tribunal, Pratapgarh, in MAC Case No.134/2007- Mangilal & Ors. v. Hanuman & Ors., whereby the learned Tribunal while allowing the claim petition filed by the claimants has awarded the compensation to the tune of Rs.6,23,504/- on account of unfortunate death of Smt. Asudi, wife of first respondent, Mangilal.
(2.) The relevant findings of the learned Tribunal in regard to involvement of the offence Vehicle Tractor (RJ-35-R-0681) and findings with respect to quantum of compensation are quoted herein below for ready reference: - ...[VERNACULAR TEXT OMITTED]...
(3.) Mr. Rajesh Choudhary, learned counsel appearing on behalf of appellant- Insurance Company assailing the impugned judgment and award made three fold submissions, viz. (i) that in the First Information Report name of the owner of the tractor in question was given as Badrilal, Sarpanch, whereas in the claim petition and in the charge sheet, the same was set to be Vijiya Meena; and (ii) he submitted that while computing the income of the deceased, namely, Smt. Asudi, the deduction to the extent of ?th has been made whereas it should be ?rd since the daughter of the deceased was married and one son being major (who was 22 years of age and three minor sons); and (iii) he further submitted that the age of the deceased at 35 years appears to be on lower side since her son and daughter being major of 20 and 22 years and were not dependant upon the income of the deceased, and therefore, the compensation ought to have been reduced applying the multiplier 13 instead of 16.;