1. Both these appeals are directed against judgment and award dated 02.06.2004 passed by Motor Accident Claims Tribunal, Akola in M. A. C. P. No.268/1999, which was filed for grant of compensation on account of death of one Kiran occurred in motor vehicular accident involving a Jeep driven by respondent no.1, owned by respondent no.2 (for short the “Insured”) and insured with original respondent no.3 (for short the “Insurer”).

2. After appreciating the evidence adduced by the parties, the learned tribunal held that the accident occurred because of rash and negligent driving of respondent no.1. Since the deceased, while travelling had not held rod/iron bar and secured himself, he was also held to be negligent to the extent of 10%. Owing to the absence of evidence of the income of the deceased, the learned tribunal assumed notional income at Rs.15,000/-per year and after deducting 1/3rd of the amount towards personal expenses of the deceased and considering his contributory negligence to the extent of 10%, arrived at the loss of dependency to Rs.9,000/-. The claimants, being aged about 60 years and 55 years respectively, tribunal applied multiplier of 16 and thus awarded com