Judgment ( 1. ) BEING aggrieved by inadequacy of the amount awarded vide award dated 17-7-01 passed by Ist MACT, Shajapur in Claim Case No. 24/2000 whereby a sum of Rs. 1,72,000/- has been awarded along with interest @ 9% per annum, the present appeal has been filed. ( 2. ) LEARNED Counsel for appellant submits that deceased Mukesh was aged 20 years. Appellants are parents of the deceased. In a motor accident, appellants lost their son. Learned Tribunal has awarded a sum of Rs. 1,72,000/ -. Income of the deceased was assessed @ Rs. 15,000/- per annum out of that one-third of the amount deducted towards personal expenses and after applying the multiplier of 17, learned Tribunal has awarded Rs. 1,70,000/- towards loss of dependency and Rs. 2,000/- towards funeral expenses. It is submitted that the amount awarded is on lower side. No amount has been awarded towards loss of love and affection and loss of estate and income of the deceased has also been assessed on lower side. ( 3. ) RELIANCE has been placed by the learned Counsel for appellants on a decision in the case of Manju Devi Vs. Musafir Paswan, reported in 2005 ACJ 99, wherein the Honble Apex Court has awarded Rs. 2,25,000/- in a case of death of a boy aged 13 years without deducting any amount towards personal expenses. ( 4. ) SHRI Anil Goyal, learned Counsel for respondent No. 3 submits that parents of the deceased were aged 50 years and 45 years respectively. Therefore, multiplier of 13 ought to have been applied instead of 17. It is also submitted that deceased was travelling in a goods vehicle, therefore, Insurance Company, respondent No. 3 herein, is not liable for payment of compensation. For this contention, reliance has been placed on a decision of Honble Apex Court in the matter of National Insurance Company Vs. Baljit Kaur, reported in 2004 ACJ 428. ( 5. ) FURTHER reliance was placed on a decision in the matter of Oriental insurance Company Vs. Pushpa, 2005 ACJ 578 , wherein Division Bench of allahabad High Court has held that Tribunal has recorded a clear-cut finding accepting the claim of the dependents that the deceased persons were carrying their own goods and were sole owners thereof.
( 5. ) FURTHER reliance was placed on a decision in the matter of Oriental insurance Company Vs. Pushpa, 2005 ACJ 578 , wherein Division Bench of allahabad High Court has held that Tribunal has recorded a clear-cut finding accepting the claim of the dependents that the deceased persons were carrying their own goods and were sole owners thereof. The scheme underlying the provisions of Motor Vehicles Act does not prohibit hiring a goods vehicle by several owners for different goods exclusively belonging to them separately which goods may be of similar nature. It is open to the owner of the goods vehicle to carry in such a vehicle goods belonging to various persons to the extent of permissible limits/weight fixed indicating the capacity of the goods vehicle. ( 6. ) LEARNED Counsel for appellants further submit that this ground has been raised by the respondent No. 3 for the first time as the plea was never raised before the Tribunal while passing the impugned award. ( 7. ) AFTER taking into consideration all the evidence on record, it appears that learned Tribunal has awarded the higher multiplier, i. e. , 17, instead of applying the multiplier of 13 which could have been adopted looking to the age of the parents of the appellants. However, since no appeal has been filed by the Insurance Company, therefore, this aspect of the case cannot be looked into in this appeal. Similarly, this aspect also cannot be considered that whether insurance Company has wrongly been held liable as the offending vehicle was goods vehicle as the Insurance Company has not filed any appeal. Since no amount has been awarded on account of loss of love and affection, therefore, parents of the deceased are further entitled for a sum of Rs. 10,000/-, which shall carry interest @ 6% per annum from the date of application. With the aforesaid modifications, the appeal stands disposed of. No order as to costs. C. C. as per rules.