UNITED INDIA INSURANCE CO LTD Vs. ILIYAS KHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) This First Appeal From Order has been preferred by the appellant challenging the validity and correctness of the award dated 25.05.2004 passed by Motor Accident Claim Tribunal/Additional District Judge, Court No.1, Bareilly in M.A.C.T. No. 671 of 2002 (Iliyas Khan & others vs. United India Insurance Co. Ltd. & others).

(3.) The impugned award aforesaid is assailed on the ground that owner and driver of Tempo in which the deceased is said to be travelling is liable to be dismissed for non-joinder of party and there is no cogent evidence regarding the income of the deceased before the Tribunal as such Tribunal has arbitrarily assessed the income of Rs. 24,000/- per annum and has adopted multiplier of '16' on the claimants' age who are said to be about 40 to 42 years at the time of death of the deceased, hence award is excessive, arbitrary, illegal and against the evidence available on record and is liable to be set aside.