The Tribunal framed various issues on pleadings of parties and after recording evidence, in its findings on issue No.1 held that accident in question did take place due to rash and negligent driving of offending truck in question and decided issue No.5 separately holding that motorcycle driver was not liable for contributory negligence. On issue Nos.2 & 3 it found that truck driver was having a valid driving licence at the time of accident and truck was validly insured with respondent No.3, United India Insurance Co. Ltd. Issue No.4 regarding non-joinder of necessary parties was decided in negative and on its findings on issue No.6, holding that it is proved from the evidence on record that deceased was working as mason an skilled labour Tribunal assessed his income @ Rs.300/- per day for 24 days of month i.e. at Rs.7,200/- per month. Considering numbers of dependents up to 6 for assessing dependency, deducted 1/4th of income towards personal expenses of deceased, for future prospects allowed 50% enhancement and assessed annual dependency of claimants at Rs.97,200/-. On above amount Tribunal applied multiplier of 18 in view of age of deceased 28 years and assessed compensation for monetary loss at Rs.17,49,600/-. Apart from it Tribunal awarded a sum of Rs.35,000/- as compensation under conventional heads and awarded a total sum of Rs.17,84,600/- with interest @ 7% per annum with direction to insurance company to deposit the same.
