Revati Mohite Dere, J.

By order dated 10th July, 2015, this Appeal was ordered to be disposed of finally at admission stage.

2. By this Appeal, the appellant Bajaj Alliance General Insurance Company, has impugned the Judgment and Award dated 20th February, 2014, passed by the Chairman, Motor Accident Claims Tribunal, Mumbai, by which compensation of Rs. 46,65,000/- was awarded to the respondent-claimants along with interest @ 7.5% from the date of the application till its realization. The respondent-claimants have also filed Cross Objection being Cross Objection (Stamp) No. 19705 of 2015 in the aforesaid Appeal and have sought enhancement of compensation.

3. The appellant-company has impugned the aforesaid Judgment and Award on several counts ;

(i) that the issue of negligence i.e. the allegation that the driver of the offending vehicle was driving the vehicle in a rash and negligent manner has not been proved;

(ii) that the Tribunal has erred in applying the multiplier of 17', by taking the age of the deceased into consideration and not the age of the claimants ;

(iii) that the income of the deceased was not calculated properly, keeping in mind the evidence that had come on record and the fact, that the deceased had died before completing his Final Chartered Accountancy Examination. According to the appellant, the Tribunal erred in concluding that the deceased would have received a salary of Rs. 6 lacs per annum and lastly ;

(iv) the Tribunal had failed to frame the issue of contributory negligence.

4. The respondent-claimants in their cross objection contended ; (i) that the Tribunal had erred in granting leave under Section 170 of the Motor Vehicles Act to the appellant (ii) that the respondent-claimants ought to have received additional compensation of Rs. 13,50,000/- over and above what was awarded by the Tribunal ; and (iii) that the amount awarded under the conventional heads also ought to be enhanced. They also questioned the order inasmuch as, it directs investment of 50% of the compensation awarded and sought release of the entire amount in favour of the respondent nos.1 and 2.

5. Before dealing with the submissions advanced by the learned counsel for the parties, it would be necessary to advert to the facts and the evidence that has come on record in the present case.

On 7th December, 2007 at about 9.30 a.m., Arth (deceased) was driving a Maruti Car bearing No. MH-03-Z-9440, on the Mumbai-Agra Highway. According to the respondent-claimants, Arth was driving the car with due care and caution, in moderate speed, on the correct side of the road, when the offending truck bearing Registration No. HR-46-B-710 came in high speed from the opposite direction, and in a rash and negligent manner came on the wrong side of the road and dashed into the car driven by the deceased. Due to the severe impact of the offending vehicle, Arth sustained serious injuries. Arth was moved to the City Civil Hospital, Shahapur, where he succumbed to his injuries on the same day. Pursuant to the accident, an FIR was registered as against the driver of the offending vehicle, vide C.R.No.I-194 of 2007 with the Shahapur Police Station, for the alleged offences punishable under Sections 304(A), 279, 337 and 338 of the Indian Penal Code r/w Section 184 of the Motor Vehicles Act.

6. Pursuant to the unfortunate demise of Arth Mehta in the accident, his legal heirs i.e. the respondent nos.1 to 3 filed a Claim Petition under Section 166 of the Motor Vehicles Act, before the Motor Accident Claims Tribunal, Mumbai, on 19th December, 2007, as against the appellant Insurance Company and the owner of the truck, R.R. Enterprises i.e. the fourth Respondent herein. Deceased - Arth, at the relevant time was 20 years of age. The Respondent Nos.1 to 3 are the father, mother and brother respectively, of deceased - Arth and are the original claimants. The respondent - claimants in their claim petition had prayed for compensation of Rs. 1,00,00,000/- (one crore) with