JUDGMENT :

Sindhu Sharma, J.

1. This appeal has been filed by the New India Assurance Company Limited, appellant herein, against the judgment and award dated 16.01.2017 passed by the Motor Accident Claims Tribunal, Jammu in File No. 480/C titled 'Mahesh Kumar & Ors. v. New India Assurance Co. Ltd.'

2. The brief facts of the case are as under:

That one Rohit Kumar S/o. Sh. Mahesh Kumar died as a result of injuries received in a road traffic accident on 08.06.2014 at 4.30 a.m. at Lamberi, Tehsil Nowshera, District, Rajouri as the offending vehicle bearing registration No. JK02AF-5731 (Indica DLG BSIII Saloon) was driven rashly and negligently by its driver-respondent No. 6, which resulted in the death of deceased, Rohit Kumar.

The respondents (hereinafter referred to as claimants) being the father, mother, brother and sister of the deceased-Rohit Kumar have filed the claim petition seeking compensation for his death, as a result of injuries received due to rash and negligent driving of the respondent No. 3. The New India Assurance Company Limited, appellant herein and the owner had filed their objections to the Claim Petition. The owner has admitted that the offending vehicle was insured with respondent No. 1, i.e., New India Assurance Company at the time of accident, however, since the driver of the offending vehicle did not appear, as such, was set ex-parte.

3. The appellant is aggrieved of the judgment of the learned MACT primarily on the following grounds:

(1) That award is contrary to law and facts.

(2) That the income of the petitioner has been wrongly assessed by considering him a skilled worker.

(3) That the Tribunal has wrongly computed 50% as future prospects without considering the law laid down by the Apex Court in case titled 'Reshma Kumari & Ors. v. Madan Mohan & Ors.'

(4) The multiplier had to be assessed on the age of the dependants and not that of the deceased.

(5) The award of compensation of Rs. 1,00,000/- under the head loss of love and affections is excessive.

4. On the basis of the pleadings of the parties, the following issues were framed:

"1. Whether an accident took place on 08.06.2014 at 04.30 a.m. at Lamberi Nowshera by rash and negligent driving of the vehicle bearing registration No. JK02AF-5731 by its driver as a result of which deceased Rohit Kumar suffered fatal injuries?

OPP

2. If issue No. 1 is proved in affirmative, whether petitioners are entitled to compensation? If so, to what amount and from whom?

OPP

3. Whether the offending vehicle was being driven at the time of accident in violation of terms and conditions of policy of insurance and insurance company is not liable?

OPR-1

4. Relief.

O.P. Parties

and the Tribunal after considering the pleadings awarded a sum of Rs. 12,23,500/- as compensation.

5. The claimants appeared as their own witness and have also examined eye witness Rahul Sharma whereas no witness was produced by the appellant-Insurance Company in rebuttal. The Tribunal on the basis of evidence and considering the FIR No. 95/2014 in Police Station, Nowshera decided issue No. 1 in favour of the claimants and held that the death of the deceased had occurred due to rash and negligent driving of respondent No. 3, the driver of the offending vehicle. Issue No. 3 was regarding the offending vehicle driven in violation of the terms and conditions of the Policy was also decided against the Insurance Company since they did not lead any evidence substantiate their claim.

6. Since all the grounds of appeal are stated in para 3, Issue No. 2 was considered by the Tribunal as stated by claimant/respondent No. 1 that the deceased was 25 years old and unmarried at the time of the accident. It was also stated that deceased was an artist by profession and was performing Jagratas on contract as such he was earning about Rs. 50,000/- per month. Besides this, his parents, brother and unmarried sister were dependents u