K.C.Puri, J.

1. Vide this judgment, I intend to dispose of two appeals bearing FAO No.33 of 2010 preferred by the claimants for enhancement and FAO No.5833 of 2009 preferred by the owner of the offending vehicle for dismissal of the claim petition.

2. Shorn of unnecessary details, Darshna-mother, Hussan Chand-father and Annusister of Bharat Bhushan-deceased, have preferred the claim petition on account of his death on 14.11.2007, in a motor vehicular accident.

3. As per case of the claimants on 14.11.2007, at about 8.00 A.M. Bharat Bhushan was going to Pharmacy Department driving his motorcycle bearing registration No.CH- 03-Y-0458. When he reached near Hostel No.4, Panjab University, Sector 14, Chandigarh, in the meantime, car No.CH-03-K-5429 being driven by Ashwani Kumar Bhandari-respondent No. 1 came from the side of Hostel No.7 of Panjab University, Sector 14, Chandigarh, in a rash and negligent manner without blowing any horn and hit Bharat Bhushan. As a result of which he received multiple injuries on the vital parts of his body. He was taken to Government Hospital, Sector 16, Chandigarh, from where he was referred to PG1 and ultimately he succumbed to his injuries on 30.11.2007. Claimants have claimed an amount of Rs.15 lacs alongwith interest. It is alleged that deceased was aged 19 years on the date of death. He was a student of 3rd year B. Pharmacy, Panjab University, Chandigarh and was enjoying a good health. He was the only son of his parents. He was very intelligent and remained 1st class throughout his academic career.

4. On put to notice, respondent No. 1 filed the written statement denying the accident in question.

5. Respondent No.2 contested the claim petition pleading that respondent No.1 is not the registered owner of the car bearing registration No.CH-03-K-5429, and as such the petition is liable to be dismissed for non-joinder of necessary parties. It is further pleaded that the amount claimed is excessive. It is also alleged that respondent No.l was not holding a valid and effective driving licence.

6. From the pleadings of the parties, the following issues were framed:-

1. Whether accident in question took place on account of rash and negligent driving of vehicle bearing No.CH-03-K-5429 by respondent No.1, if so, whether Bharat Bhushan died due to injuries sustained by him in the accident in question? OPP

2. If issue No. 1 is decided in favour of claimants, whether claimants are entitled for any compensation, if so, how much and from whom? OPP

3. Whether respondent no. 1 was not holding valid and effective driving licence at the time of accident, if so, its effects? OPR-2

4. Relief.

7. The claimants in order to prove their case, examined Darshna-claimant as PW-1. The claimants also examined Hussan Chand as PW-2. In rebuttal, Ashwani Kumar Bhandari appeared as his own witness.

8. Learned Tribunal after appreciating the evidence on the file, returned the finding on issue No.l in favour of the claimants. Issue No.3 was decided against the Insurance company and while determining issue No2, income of the deceased was taken as Rs. 10,000/- per month. The dependency of the claimants was taken to the extent of 50%. So, after deducting 50% amount on account of personal expenses of the deceased, the monthly dependency was taken as Rs.5,000/- and the yearly dependency was taken as Rs.60,000/- (5,00.0. X 12). The multiplier of 18 was applied and the amount of compensation was calculated as Rs.10,80,000/-. An amount of Rs.5,000/- was allowed on account of last rites. An amount of Rs.20,000/- was allowed on account of expenses on the, treatment of the deceased and in this manner, the amount was calculated as Rs. 11,05,000/-.

9. Feeling dissatisfied with the said award, Ashwani Kumar Bhandari has preferred FAO No.5833 of 2009 for dismissal of the claim petition, whereas claimants have preferred FAO No.33 of 2010, for enhancement of compensation.

10. Since, both these appeals arise out of the same award, as suc