1. The appeal questions correctness and legality of judgment and award dated 26.3.2008 passed by Member, Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 998 of 2004 whereby the petition was allowed partly in the sum of Rs. 1,78,320/- along with interest at the rate of 7.5% per annum from the date of filing of petition i.e. 13.8.2004 till realization. Respondents no. 1 and 3, owner and insurer respectively of the offending vehicle viz. Truck No. MH31/M-5279 were held liable jointly and severally to pay compensation to the claimants herein (appellants no. 1 and 2).

2. Facts briefly stated are –

The appellants are unfortunate parents who lost their only son Nitin, aged about 25 years old youth in a road accident occurred on 27.5.2004 while offending motor truck described above driven rashly and negligently dashed him and caused untimely accidental death of Nitin, a pedestrian on the road.

3. Learned Advocate for the appellants questioned the award on the ground that while fixing quantum of compensation learned tribunal applied multiplier of 13 instead of 17 as per guidelines from second schedule of the Motor Vehicles Act, 1988 and secondly, learned Tribunal wa