Dhrub Narayan Upadhyay, J. - (1.) This appeal has been preferred by United India Insurance Company Ltd. against the Judgment and Award dated 07.01.2013 passed by Motor Vehicles Accident Claims Tribunal, Ranchi in Compensation Case No. 187/2005. The facts in brief is that the deceased along with his companion was moving on a Hero Honda Motorcycle bearing registration No. JH - 01G - 2259. When the deceased on his motorcycle reached near Kathal More, Argora, the offending vehicle bearing registration No. BR 14P 6008 being driven rashly and negligently, caused dash to the motorcycle, as a result Ajay Khalkho and his companion sustained injuries and died at the spot. The incident took place on 22.06.2004. In this connection, Ratu P.S. Case No. 94/2004, dated 27.06.2004, for the offence under Ss. 279, 337, 338, 304(A) of the Indian Penal Code was registered.
(2.) The appellant has assailed the impugned Judgment on the ground that the deceased was negligent and deceased persons themselves were responsible for their death. The learned Tribunal has not considered the point of contributory negligence. The deceased was unmarried and parents are the claimant but the deduction towards personal expenses had the deceased been alive, has been made one third whereas deduction should have been half from the monthly income. Furthermore, no conclusive proof regarding income of the deceased has been brought on record.
(3.) Learned counsel appearing for the respondents/claimants has opposed the arguments and submitted that owner of the Tent House with whom the deceased was working, has come forward and supported the contention of the claimants regarding monthly income of the deceased. The deceased was aged about 30 years at the time of his death but the Tribunal has wrongly considered age of the claimant for choosing the multiplier. The Tribunal has rightly considered the claim application and decided just and reasonable compensation which needs no interference.;