Prafulla C. Pant, J.
1. These appeals preferred under Section 173 of the Motor Vehicles Act, 1988, are directed against the judgment/award dated 10.9.2003 passed by the Motor Accidents Claims Tribunal/Addl. District and Sessions Judge/1st Fast Track Court, Haridwar, whereby amount of Rs. 22,72,005 has been awarded as compensation in favour of the claimants.
2. Brief facts of the case are that on 19.12.1998 one Jasvinder Singh Sodhi, the deceased, was travelling from Delhi to Haridwar by his motor car registration No. UP 07-E 6666. At about 10 p.m., when the car reached near village Mandawali, a truck registration No. URJ 4795, which was being driven rashly and negligently by its driver dashed at the car in which Jasvinder Singh Sodhi along with other two persons, namely, Amit and Atul received injuries. Sodhi was immediately taken to a nursing home where he succumbed to his injuries. He was aged 41 years at the time of his death. He had 400 bighas of agricultural land and he used to earn Rs. 4,00,000 per annum apart from Rs. 3,000 per annum as rental income. Bininder Sodhi, claimant No. 1, is the widow of the deceased while Riti Sodhi, claimant No. 2 and Ranjay Sodhi, claimant No. 3, are his children. Opposite parties, Suresh Pal and Chandra Pal are the owners of the truck and Ban-ney, opposite party No. 3, was the driver of the truck in question. The vehicle was insured with New India Assurance Co. Ltd. The claimants have filed the petition under Section 166 of the Motor Vehicles Act, 1988 for an amount of compensation to the tune of Rs. 37,50,000. Opposite parties Suresh Pal, Chandra Pal and Banney filed their joint written statement in which factum relating to accident was admitted but allegation as to rash and negligent driving is denied and it is pleaded by them that the vehicle was insured with New India Assurance Co. Ltd. It is also pleaded that the driver Banney possessed a valid driving licence and if there is any liability to make payment of compensation that is with the insurance company. The New India Assurance Co. Ltd. filed its separate written statement before the Tribunal in which it is alleged that there was rash and negligent driving on the part of the motor car driver and not that of the truck driver. Learned Tribunal, after framing necessary issues, recording of evidence thereon and hearing the parties, came to the conclusion that the accident took place due to rash and negligent driving on the part of the driver of the truck in question and since the vehicle was insured with New India Assurance Co. Ltd., it allowed the claim application for Rs. 22,72,005, assessing the income of the deceased at Rs. 2,17,000 per annum. Aggrieved by which, New India Assurance Co. Ltd. has filed this appeal. Claimants too have filed Cross Appeal No. 501 of 2003 for enhancement of amount of compensation.
3. We heard the learned Counsel for the parties on the appeal of New India Assurance Co. Ltd. as well as on the Cross-Appeal No. 501 of 2003 and perused the lower court record.
4. From the evidence of Bininder Sodhi, PW 1, read with post-mortem report, paper No. 7-C/l and copy of the first information report, paper No. 6-C/l it is proved that on 19.12.1998, Jasvinder Singh Sodhi was travelling by his car registration No. UP 07-E 6666 on his way from Delhi to Haridwar when it met with an accident near village Mandawali with a truck in which Sodhi received serious injuries and due to which he succumbed to his injuries in the hospital. Her statement gets cor-roboration from evidence adduced by Atul Sharma, PW 2, who was accompanying Sodhi in the car. This witness has proved the fact that the truck registration No. URJ 4795 was being driven rashly and negligently by its driver, who came from the wrong side and dashed against the car of Sodhi. There is no contrary evidence to it from the side of the appellant. Therefore, we are in agreement with learned Tribunal as to the finding that the above-mentioned truck was being driven rashly and negligently by its driver, respondent Banney and when the truck dashed with the car, Jasvinder Singh Sodhi died due to the injuries received in the accideni. In view of the insurance policy (paper No. 22C), we are in agreement with the finding of learned Tribunal that the truck bearing registration No. URJ 4795 was insured with New India Assurance Co. Ltd. on the date of the accident.
5. Now, this Court has to see if the annual income of the deceased, dependency of claimants and amount of compensation have rightly been assessed by the Tribunal or not. On behalf of the claimants various documents have been filed showing that the deceased owned agricultural land (copy of khatoni, paper No. 61C and kishan bahi, paper No. 62C) and that he was also an income tax assessee (copy of return, paper No. 57C/3). For the assessment year 1997-98, the annual income of the deceased has been shown as Rs. 4,00,000. The return shows it was income of Hindu Undivided Family, Bininder Sodhi, PW 1, states that out of Rs. 4,00,000 her own earning was Rs. 70,000 per annum. Other two claimants, Riti Sodhi and Ranjay Sodhi are minors. As such, the learned Tribunal has rightly calculated the income of deceased at Rs. 3,30,000 after deducting Rs. 70,000. Since, the son of the deceased has been appointed Mahant of the Dera Committee in his father's place and the income to the family on account of said job is not lost to the family. Therefore, to that extent also, we are in agreement with the Tribunal that after deduction of such incomes which are already compensated to the claimants, the net income of the deceased comes out to be Rs. 2,17,000 per annum. Out of which 1/3rd of the amount would have been spent by the deceased on himself. Therefore, the net loss of dependency to the claimants is Rs. 1,44,667 per annum. However, we are not in agreement with the multiplier applied by the Claims Tribunal. The learned Tribunal has applied multiplier of 15. In our considered opinion, in the facts and circumstances of the case, since Jasvinder Singh Sodhi (deceased) was aged 41 years, the just and proper multiplier should have been 10 only. That being so, the loss to the claimants comes out to be Rs. 14,46,670. If the expenses of Rs. 2,000 towards the funeral expenses and Rs. 10,000 on account of consortium are added to said amount, the net amount of compensation should have been Rs. 14,58,670. In terms of the policy, the said amount is payable by New India Assurance Co. Ltd. Accordingly, we partly allow the appeal of the insurance company and set aside the judgment and award dated 10.9.2003 passed in Motor Accidents Claims Case No. 51 of 1999 to the extent, that the amount of compensation is reduced from Rs. 22,72,005 to Rs. 14,58,670 which New India Assurance Co. Ltd. shall pay to the claimants in the ratio as directed by the learned Tribunal. The amount deposited in this Court by the appellant shall be transmitted to M.A.C.T. concerned, which may be withdrawn by the claimants in terms of this judgment. The C.A.F.O. No. 501 of 2003 filed by the claimants is dismissed for the reasons as discussed above. The copy of this judgment be placed in said appeal. No order as to costs.