The main legal point established in the judgment is the determination of just and reasonable compensation under the Motor Vehicles Act, considering factors such as the deceased's income, future prospects, and the welfare of the claimants, and the duty of the Tribunal to safeguard the interests of the claimants.

1. United Insurance Company Limited, the appellant in this case, has filed the present appeal under Section 173 of Motor Vehicles Act, 1988 (for short as Act) challenging the award dated 10th September, 2007 passed by Sh.Chandra Shekhar, Judge, MACT, Delhi (for short as Tribunal).

2. The facts in brief of the present case are that on 13th June, 2006 at about 4.15 p.m., deceased Dinesh along with his wife Reeta Devi was going to Vaishno Mata Mandir, Gulabi Bagh, Delhi. At the time of crossing the road, that is, Kali Dass Marg, Vaishno Mata Mandir, Gulabi Bagh, Delhi, a speeding TSR No.DL-1RE-4701 came from the side of Chowki No.2 in a rash and negligent manner and hit the deceased Dinesh resulting in injuries. Deceased was taken to Hindu Rao Hospital, Delhi but during the day time he expired.

3. The vehicle was being driven by respondent No.3 Subhash Chander who is also the owner of the offending vehicle. Later on respondent No.3 did not appear and vide order dated 14th May, 2007 passed by the Tribunal, he was proceeded against ex parte.

4. Respondent No.3 in his written statement stated that neither he nor the vehicle in question ever involved in the accident. This respondent rendered the helping hand at the spot and even called the Police and since the answering respondent could not tell about the offending vehicle, for that reason alone, the claimants falsely implicated him. It is denied that TSR in question was involved in the accident.

5. Appellant-Insurance Company in its written statement has admitted that the offending vehicle was insured with it at the time of accident. Further, it is stated that the offending vehicle was being driven in contravention of the terms and conditions of the insurance policy and as such the appellant is not liable to pay any compensation.

6. Vide the impugned judgment, the Tribunal awarded a compensation of Rs.14 lacs to the claimants along with 7% interest per annum from the date of institution till the date of award.

7. It has been contended by the learned counsel for appellant that the income of the deceased comes to Rs.6086/- per month after deducting personal expenses and thus, the Tribunal has erred by doubling the income of deceased as Rs.6,751/- per month, without making any personal deduction. The Tribunal wrongly applied the multiplier of 17 for the age of 33 years, which is on very higher side.

8. Further, the Tribunal has taken the future prospects of the deceased whereas, the deceased was not eligible or qualified for the promotion.

9. Moreover, the widow is entitled to family pension and other benefits and therefore the award is to be reduced.

10. Lastly, it is contended that it is unjustified that the bank interest on the FDR on the principal award amount of Rs.14 Lacs should fetch more interest than the income of the deceased and the principal amount shall remain intact as it is forever.

11. On the other hand, learned counsel for the claimants has contended that the judgment of the Tribunal is well reasoned and compensation awarded by the Tribunal is just and sufficient and there is nothing wrong with the findings of the Tribunal.

12. PW2 Smt. Reeta Devi in her evidence by affidavit has stated that deceased was employed in MCD as Mali and was earning about Rs.7,000/- per month and has bright future prospects and his income would have increased many fold with the passage of time and experience.

13. Claimants have examined PW1 Sh. Sharafat Khan, Bill Clerk, MCD who has clearly stated that deceased Dinesh was a permanent employee in MCD working as Mali on a gross salary of Rs.6,751 and was entitled for next increment which was to be made available on 1.04.07 and his date of retirement was 28.02.2033 and has proved salary certificate Ex.PW1/1.

14. In the absence of any other evidence, income of the deceased has to be taken at Rs.6,751/- per month at the time of accident according to the salary certificate, Ex.PW1/1.

15. As regards the age of the deceas