Brief facts relating to the case are that claimants-appellants filed claim petition No.10 of 2010 with the averments that Kaptan Singh, husband of appellant No.1 and father of appellant Nos.2 & 3 was returning to his home by Motorcycle No.UP79C1263 on 12.11.2009, which was hit by Tata Scorpio No.HR 49/9412, hereinafter referred to as 'offending vehicle' resulting in death of Kaptan Singh due to injuries sustained in the accident. It was also contended that deceased was working as driver and earning Rs.8,000/- per month and at the time of accident offending vehicle was owned by respondent No.2, was being driven by duly licenced driver and was duly insured with Oriental Insurance Company Limited. In the impugned award Tribunal has held on issue Nos.1, 2 & 3 that accident was caused due to rash and negligent driving of offending vehicle, which was duly insured with Oriental Insurance Company Ltd. and was being driven by duly licenced driver. On issue No.4 it found that deceased was 37 years old and in view of his date of birth 1.4.1972 in his driving licence, and in absence of any cogent evidence of income of Rs.8,000/- per month, assessing his monthly income at Rs.5,000/- awarded total compensation of Rs.6,50,000/- after making deductions of 1/3rd towards personal expenses of deceased, applying multiplier of 16 and awarded Rs.10,000/- under conventional heads.
