Point of Law: Accident claim - Multiplier to be used should be as provided in column 4 of the judgment. Multiplier prescribed for the age group of 21-25 years is 18.

JUDGMENT :

SUBHASH CHANDRA SHARMA, J.

1. Heard Shri D.N. Shukla, learned counsel for appellant as well as Ms. Manjima Singh, Advocate holding brief of Ms. Archana Singh, learned counsel for Insurance Company and perused the record.

2. This appeal u/s 173 of the Motor Vehicles Act has been filed by the claimant/appellant challenging the judgment and award dated 08.11.2005 passed by the Additional District Judge/M.A.C.T. Court No. 6, Aligarh by which a sum of Rs. 85,000/- along with 6% interest has been awarded as compensation on account of death of deceased.

3. Facts in brief are that an application under Section 166 Motor Vehicles Act was filed by the claimant/appellant seeking compensation to the tune of Rs. 8,00,000/- with 12% interest alleging that on 15.09.2000, deceased Vivek Kumar Singh son of appellant was traveling by bus bearing no. UP-14B-2331 from Delhi, as it arrived in the limit of police station Gabhana, a truck bearing no. HNV-9465 coming from opposite direction (Aligarh) driven rashly and negligently by its driver collided with the bus in which deceased Vivek Kumar Singh sustained injuries and died. F.I.R. in this regard was lodged by one Prem Pal R/o Anoop Sahar as Crime No. 218 of 2000 under Sections 279, 338, 304-A and 427 IPC. Deceased was aged about 21 years and earned Rs. 3500/- by working in Courier Company. Proceedings were contested by truck owner & driver as well as Insurance Company by filing written statement and denying the allegations made by the claimant/appellant.

4. Learned Tribunal on the basis of pleadings and after appreciating the evidence brought on record by the parties, both oral and documentary held that accident took place due to rash and negligent driving of the drivers of both the offending vehicles and determined the liability 50-50%. Learned Tribunal recorded the finding on the basis of oral testimony of eye witness PW-2 Lakkhi who proved the manner and mode of accident. It was stated by him that he is Chaukidar in the police station concerned and his village is located near place of accident. Accident took place in his presence on 15.09.2000 at about 12-1 o'clock in the night. A bus bearing no. UP-14B-2331 was coming from the side of Delhi and truck coming from the side of Aligarh collided. The driver of truck was driving it rashly and negligently in which Vivek Kumar Singh S/o Karan Singh aged about 21-22 years died. He informed to the police station. OPW-1 Vijaypal Singh, conductor of the bus bearing no. UP-14B-2331 stated that on 15.09.2000, he was plying the bus from Khurja to Kanpur. At about 2 o'clock in the night near Gabhana bridge, a truck bearing no. HNV-9465 driven by its driver rashly and negligently came from the side of Aligarh and collided with the bus causing damages to it and passengers also got injuries. OPW-2 Brijpal, the driver of the bus bearing no. UP14B2331 has also made similar statement. The testimony of PW-2, OPW-1 and OPW-2 was unshakable in cross-examination. After investigation of the case, charge sheet was submitted by the police. This fact was also taken into account by learned Tribunal.

5. On the question of quantum, learned Tribunal found that appellant failed to lead any evidence about income of deceased as Rs. 3500/- per month which he earned from work in Bartiks Courier, so presumed his notional income as Rs. 15,000/- p.a. deducted 1/3 towards personal expenses and after applying multiplier of 08 at the age of claimant (father) determined the compensation to the tune of Rs. 80,000/- (eighty thousand) and further awarded a sum of Rs. 5000/- funeral expenses. In this manner, a total sum of Rs. 85,000/- was determined as compensation payable to the claimant/appellant.

6. Learned counsel for appellant submits that the Tribunal has wrongly assessed the notional income of the deceased as Rs. 15,000/- p.a. and also applied the multiplier on the basis of t