S.C. Das, J.

1. By this appeal, filed under Section 173 of M.V. Act, the appellant, National Insurance Company Ltd., which was arrayed as respondent No. 3 in the claim case, challenged the judgment and award dated 31.01.2002, passed by the learned Single Member, Motor Accident Claims Tribunal, North Tripura, Dharmanagar, in case No. TS(MAC) 08 of 2001. Fact of the case, in short is that the deceased Pradip Debnath along with his younger brother Pratap Debnath (PW 2) had been working at Shilong, State of Meghalaya and on 18.12.2000 at about 8-00 p.m. intending to visit their house at Dharmanagar they were waiting at Dhankheti Bus stand for availing a Night- super Bus to meet the journey. At that time, a Night-super Bus bearing No. AS-25-B-5012 reached the Bus stop and both the brothers boarded the bus on the assurance made by the conductor/assistant that there were vacant seats in the bus. After boarding the bus, they found all seats were occupied by the passengers and they requested the conductor to stop the bus so that they may get down since they will not be able to perform such long journey as standing passengers. The vehicle was stopped at a little away and Pratap Debnath got down but while deceased Pradip was getting down driver suddenly started the bus and Pradip was ran over. He received severe injury and with the help of local people he was taken to Shilong Civil Hospital where he was declared dead. A Police case, Laitumkhrah P.S. Case No. 4(1)2001 under Sections 279/304(A), IPC was registered on the basis of FIR and police investigation was taken up. The deceased was a bachelor, aged about 24 years having his date of birth 01.01.1977 and he was a driver by profession and was also engaged in the transport business at Shilong. His monthly income was Rs.3,500/-.

2. The petitioners being the parents of the deceased filed the claim case praying for compensation of Rs.11,04,000/- in all. They stated that out of the monthly income of the deceased he used to contribute Rs.2000/- per month for the parents and other members of the family.

3. Respondent Nos. 1 and 2, the owner and driver of the alleged offending vehicle No. AS-25-B-5012 on receipt of the notice did not appear before the tribunal and so, the tribunal decided the case ex parte against them.

4. Respondent No. 3, the National Insurance Company Ltd., the appellant herein, contested the case by filing written statement denying the averments made in the claim petition and further stated that the accident occurred for the fault of the deceased and therefore, the claimant petitioners are not entitled to get any compensation. The insurance company, however, did not deny the factum of insurance of the vehicle covering the risk on the date of accident.

5. Considering the pleadings of the parties, the tribunal framed following issues:--

A. Whether Pradip Debnath died on 18.12.2000 on account of a vehicular accident at Dhankheti over the National High Way for the rash and negligent driving of the vehicle bearing the No. As-25-B-5012 by its driver?

B. Who will pay the compensation?

C. Whether the petitioners are entitled to any relief and if so up to what extent?

6. In support of their case, claimant-respondent No. 1, the father of the deceased, examined himself as PW 1 and also examined Pratap Debnath, the younger brother of the deceased who is an eye witness of the accident as PW 2 and another neighbor of the deceased who came to the bus stand to see off them namely Lalmohan Roy as PW 3.

7. Respondents adduced no oral or documentary evidence.

8. Considering the evidence and materials on record, the tribunal taking into account the monthly income of the deceased at Rs.3000/- and further taking into account the age of the deceased as 24 years at the time of accident and therefore, applying the multiplier of 17 calculated an amount of Rs.6,12,000/- and deducted 1/3rd from the same towards personal and living expenses of the deceased and awarded a compensation of Rs.4,08,000/- towa