Hon’ble Amitava Lala, J.—This is an appeal of Nagar Palika Parishad, Muzaffar Nagar challenging the judgment and order dated 10th April, 2008 passed by concerned Motor Accidents Claims Tribunal, Muzaffar Nagar. The quantum of the awarded amount is Rs. 3,33,400/- on account of death of pillion rider of the motor-cycle i.e. different vehicle. The accident was caused due to rash and negligent driving of the motor vehicle i.e. Swaraj Mazda. The deceased was aged about 30 years working as mason. The tribunal arrived at the finding of monthly income at Rs. 2,400/- after making 1/3rd deduction and applying multiplier of seventeen.

2. Learned Counsel appearing for the insurance company contended before this Court that the pillion rider is a gratuitous passenger following the judgment of Supreme Court reported in (2006) 4 SCC 404 : JT 2006 (4) SC 280, United India Insurance Co. Ltd. v. Tilak Singh and others. He further contended that such judgment was followed in the latest Supreme Court judgment being Civil Appeal No. 3634 of 2008 (Oriental Insurance Co. Ltd. v. Sudhakaran K.V. and others). However, the Division Bench of this Court presided over by one of us (Amitava Lala, J.) by i