The multiplier theory is a valid and well-tested theory for assessing compensation in cases of wrongful death.

( 1 ) THE above two appeals have been directed against the judgment (award) dated September 6, 1983 passed by Sri H. C. Mittal, District Judge, Claims Tribunal, Jhansi in Claim Petition No. 6 of 1979. First Appeal from Order , No. 866 of 1983 has been filed by the claimant seeking the relief for decreeing the claim in tow against the respondents while First Appeal from Order No. 916 of 1983 was filed by the State of U. P. and another praying that the decree passed by the court below be set aside and the claim petition be dismissed with costs.

( 2 ) SINCE both the appeals have arisen out of the same order, the same would be disposed of together by a common order. First Appeal from Order No. 866 of 1983 is a leading case.

( 3 ) THE Motor Accident Claims Tribunal, Jhansi by virtue of the impugned order, has, granted compensation of Rs. 20,000/- to the claimants, who are father and mother of unfortunate deceased boy aged about 14 years, namely Udai Singh alias Udal Singh. A rider was also imposed that if the claim amount is paid within two months, the opposite parties shall not be liable to pay interest otherwise they will be liable to pay pendente lite and future interest at the rate of Rs. 6/- per cent per annum on Rs. 20,000/4. The brief facts of the case are as follows: 5. The name of deceased boy is Udai Singh alias Udal Singh. He was aged about 14 years at the time of accident. He was a student of Class VIII at the relevant time in Adarsh Inter College, moth, He was enjoying good health and was free from all diseases. It was alleged that on september 7, 1978 the deceased boy was coming from his field at about 6. 00p. M. When he came and was standing near the Chabutra of Thakur Baba and was talking with Lakhan Singh, Sughar singh etc. , the Truck No. U. T. E. 2430, Driven by Babdlu came there and dashed against Udai singh alias Udal singh. The truck was alleged to be driven rashly and negligently. The boy died at the spot. The truck could not be stopped. The place of accident is village Bamhruli within the circle of police station Moth, district Jhansi. It appears that a report was lodged at police station 304-A I. P. C. and case was also registered which resulted in acquittal at the appellate stage. The accident was denied by the respondents.

( 4 ) THE Tribunal believed the evidence adduced on behalf of the claimants i. e, the statement of sughar Singh (P. W. 2) who was present at the scene of occurrence and identified the accused. The Tribunal also believed the statement of Jai Ram (P. W. 4. ). He has deposed that he was present at the spot when the accident took place and the truck in question was driven rashly and negligently. From the appreciation of the evidence on record by the Court below, it is apparent that the road was straight and visible and the boy could be seen by the driver of coming truck. The boy was also identified by the witnesses. The Tribunal gave a finding of neg-lignet driving of the truck and the income of the deceased boy was assessed at Rs. 200a per month which he could have contributed for more than forty years. On these facts, the Tribunal has awarded compensation of Rs. 20,000/-to the claimants, who are father and mother of the deceased boy.

( 5 ) THE learned counsel for the State has submitted that there was wrong identification of the accused and, in fact, tew of the witnesses have failed to identify him when they appeared before the identification parade. He further submitted that the finding of the appeallate Court in criminal case acquitting the accused is binding on the Tribunal on the aspect of rash and negligent driving. Another argument which he has advanced is that the compensation has been awarded wrongly and the State is not liable to pay the same. These arguments were advanced in cross-objection. The learned counsel for the claimants prayed for enhancement of compensation to Rs. 50,000/- He has further submitted that the Tribunal has appreciated the evidence regardi