JUDGMENT :

Mohan Lal, J.

1. Appellants (being the father, mother and brother of deceased) by preferring Civil 1st Misc. Appeal, have impugned the judgment and award dated 05.10.2009 passed by Ld. Motor Accidental Claims Tribunal Jammu in File No. 796/claim (D.O.I. 28.01.2008, D.O.D. 05.10.2009) on the following grounds:-

(i) that deceased Gurmeet Singh (age 28 years), running a Fast Food and Sweet Restaurant under the name and style of "M/s Gurmeet Fast Food" and earning Rs.8000/- per month, at the time of accident on 19.12.2007 at about 11 a.m. while standing at Tali Morh Simbal Camp Jammu on the right side of the road met with an accident when motorcycle bearing Registration No. JK02AE-8856 being driven rashly and negligently by Respondent No. 1 hit the deceased resulting into his death, the Ld. Tribunal while assessing the income of deceased arrived at the conclusion based on evidence that deceased was earning Rs.200/- per day as such the income has been fixed at Rs.6000/- per month, but the tribunal fixed the income of deceased at Rs.5000/- only which is an error apparent on the face of the judgment;

(ii) that the Ld. Tribunal below has erred in fixing the multiplier in the case as 7 on the age of appellants (mother) who was 52 years of age which is quite on lower side whereas the multiplier should have been 11, so keeping in view the aforesaid grounds, the award of appellants should have been around Rs.6000 x 1/3rd x 12 x 11 = Rs.5,28,000/-;

(iii) the Ld. Tribunal without application of mind for fixing the income as well as the multiplier has passed the award wrongly in the sum of Rs.2,95,000/-, which may be enhanced to Rs.7,00,000/- or the Hon'ble Court may deem it fit and proper in the circumstances of the case.

2. On the pleadings of the parties, the Ld. Tribunal framed the following issues in the claim petition.

(1) Whether an accident occurred on 19.12.2007 at Tali Morh Simbal Camp Jammu by the rash and negligent driving of offending Vehicle No. 8856 JK02AE being driven rashly and negligently in the hand of earring driver in which deceased Gurmeet Singh sustain fatal injuries? ...OPP

(2) If Issue No. 1 is proved in affirmative, whether petitioners are entitled to compensation, if so, to what extent and from whom? ...OPP

(3) Whether at the time of accident driver of offending vehicle was not holding a valid and effective driving license and drove the vehicle in violation of terms and conditions of insurance [policy]? OPR-3

(4) Relief........................................................OP Parties?

3. Ld. Counsel for the parties noted down the issues. Appellants (petitioners before the Tribunal) were directed to lead evidence first. To prove the averments of the claim petition, Appellant No. 1 examined himself as PW-1 alongwith his only one witness PW-2 Iqbal Singh. In rebuttal, respondents did not examine any witness.

4. Before rendering the findings on the issues framed in the claim petition, it is pertinent to give a brief resume of the evidence led by the appellants (petitioners before the Tribunal). Relevant portions of the testimonies of appellant's witnesses recorded before the Tribunal for the sake of appreciation are summarized as under:-

5. APPELLANT'S (PETITIONER'S) EVIDENCE:-

PW-1 Prithpal Singh has deposed, that on 19.12.2007 his son met an accident at Tali Morh Miran Sahib at 4/4:30 hrs with a motorcycle. Deceased was running a shop of Fast Food in the name of M/s Gur