Ram Krishna Gautam, J.

This first appeal under Section 173 of Motor Vehicle Act, 1988 has been filed by claimant-appellant Smt. Rajaniya against Mohd. Iqbal and New India Insurance Company Limited against judgment and award dated 14.02.2003, passed by Motor Accident Claims Tribunal/District Judge, Kaushambi in Claim Petition No. 90 of 2011 in between Smt. Rajaniya and Mohd. Iqbal and another with this contention that Tribunal failed to appreciate the facts and law placed before it.

2. Deceased Ram Charan was doing job of Cobbler (Mochigiri) besides having agricultural land and income, hence he was earning Rs.3,000/- per month, but the Tribunal has conceded Rs.60/- per day amounting to Rs.18,00/- per month without any basics or reason. The Tribunal has disbelieved income of Rs.3,000/- per month of the deceased, which was proved by oral evidence on record. The Tribunal applied multiplier of 12 for the age of 40 years, whereas it should have been adopted multiplier of 16. Loss of future prospects of income of deceased was not taken into consideration. The Tribunal has not considered for consortium to wife of deceased nor the compensation towards funeral expenses. Loss of love and affection of the appellant has not been taken into consideration. The case laws furnished were not considered. The amount of compensation awarded i.e. Rs.1,72,800/- is quite low considering the age and nature of work of deceased. The interest awarded at the rate of Rs.6% was very low and insufficient. Hence, this appeal.

3. Heard learned counsel for both sides and gone through the impugned judgment.

4. Motor Accident Claim Petition No. 90 of 2001 was filed by Smt. Rajaniya, wife of deceased Ram Charan, against Mohd. Iqbal, owner of offending vehicle, and the New India Insurance Company Limited, insurer of the offending vehicle, in the Court of District Judge/Motor Accident Claims Tribunal, Kaushambi with contention that deceased Ram Charan was a Cobbler doing work of Mochigiri; he was having agricultural land also with him and he was earning Rs.3,000/- per month; on 09.10.1998 at about 5.30 P.M. he was on his way by his bye-cycle to his home from Manjhanpur, when Jeep bearing No. UP-77/6777, owned by Mohd. Iqbal, being driven rashly and negligently coming from Saini towards Sirathu, dashed him. He was crushed by the above Jeep. Death was instant. Driver ran from the spot. Mubarak Hussain lodged report at Police Station Saini on the same day at 6.00 P.M. after the death of Ram Charan. The claimants left with no means of livelihood. Deceased had left his elder daughter Km. Rama aged about 19 years, younger daughter Nanki, aged about 15 years, son Jay Singh, aged about 17 years, hence a claim of Rs.10,05000/- along with interest was made. The written statement, paper No.19A of opposite party No. 1 Mohd. Iqbal, owner of the offending vehicle was of this effect that he was the registered owner of Jeep bearing No. UP-77/6777 and it was being driven by driver Maan Singh and the same was validly and effectively insured by New India Insurance Company Limited. Hence, liability, if any, was of Insurance Company concerned.

5. The written statement of Insurance Company was to this effect that claimant or owner of vehicle is to prove the facts mentioned by them, but the claim was excessive and driver was not having a valid and effective driving licence.

6. On the basis of pleadings, following issues were framed by Tribunal:-

(i) Whether death of Ram Charan Singh, S/o Mahgu had occurred in an accident at 5.30 PM on 09.10.1998 near Ram Lal Ka Purwa within the area of Police Station Saini, District Kaushambi, caused by rash and negligent driving of the Jeep bearing Registration No. UP-77/6777?

(ii) Whether Jeep was being driven by a driver having valid and effective driving licence at the time of above accident?

(iii) Whether Jeep was validly and effectively insur