Point of Law : Purpose of keeping compensation is to safeguard the interest of the claimants.

JUDGMENT :

K.J. Thaker, J.

1. Heard Sri S.D. Yadav, learned counsel for the appellants-claimants and Sri Aditya Singh Parihar, learned Advocate appearing for Sri Rahul Sahai, learned counsel for the respondent-Insurance Company. None has appeared for the respondent-owner of the offending vehicle.

2. By way of this appeal, the appellants-claimants, have challenged the judgment and order dated 9.8.2012 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.14, Kanpur Nagar (hereinafter referred to as 'Tribunal') in M.A.C. No.299 of 2011 awarding compensation of Rs.3,69,500/-with interest at the rate of 6% simple interest till amount is deposited.

3. Brief facts as culled out from the record are that on 18.10.2009 at about 1.00 p.m. a bus bearing No.PB-3 H 9581 which was coming from Barnala side dashed the Motorcycle of the deceased bearing No.UP 71 E 2269 from behind. It has been averred that the bus was being driven by its driver rashly and negligently and even without blowing horn. The accident caused grievous injuries to deceased-Kaushal Kishore who has succumbed to the injuries in Military Hospital, Bhatinda Cantt.

4. Consequent upon the death of the deceased, the widow of the deceased along with three others filed claim petition before the Tribunal claiming compensation of s.88,00,000/-with interest at the rate of 10%. The Tribunal has framed four issues and held driver of the offending vehicle solely negligent for the accident having taken place. As far as compensation is concerned, the Tribunal has considered the income of the deceased to be Rs.3,000/-per month though it was proved that he was in service of Armed Forces, deducted 1/3rd towards personal expenses of the deceased, applied multiplier of 15 and granted Rs.9500/- under non pecuniary heads.

5. It is submitted by learned counsel for the appellants that the deceased was Havildar in Indian Army and was earning Rs.27,000/-per month, his salary certificate was placed on record vide Ex.39 Ga which was disbelieved by the Tribunal. It is stated that this finding of the Tribunal is perverse and is required to be upturned as the reasoning given for not believing the said documents show lack of holistic approach expected of a Motor Accident Claims Tribunal.

6. It is further submitted by learned counsel for the appellants that the Tribunal has not granted any amount towards future loss of income of the deceased which is required to be granted. It is submitted that the deduction towards personal expenses of the deceased should be 1/4th as the deceased was survived by his widow, a minor son and aged parents. It is further submitted that the deceased being in the age bracket of 31-35, multiplier of 16 should be granted.

7. It is lastly submitted by learned counsel for the appellants that the amount under non-pecuniary heads and the interest awarded by the Tribunal is on the lower side and are required to be enhanced.

8. Learned counsel for the appellants has relied on the decision of the Division Bench of this Court in First Appeal From Order No. 1118 of 2009 (Smt. Nasreen Jahan and Others v. Km. Garima Pandey) decided on 2.8.2017 and on the decision of the Apex Court in Sunita and Others vs. Rajasthan Road Transport Corporation and Anr., 2019 (1) T.A.C. 710 so as to contend that the reasoning for non consideration of documentary evidence for income of the deceased is opposed to the reasoning given in the aforesaid decisions.

9. As against this, the Insurance Company has also challenged the judgment and order impugned by way of oral cross objection as far as negligence and compensation awarded are concerned and it is submitted that in view of the decision in F.A.F.O. No.2389 of 2016 (National Insurance Co. Ltd. Vs. Smt. Vidyawati Devi And 2 Others) decided on 27.7.2016 and under Section 173 of Motor Vehicles Act, 1988, this Court is under obligation to decide the same. The ground of cross objection is that the deceased was also the coauthor of the acc