JUDGMENT S.P. Srivastava, J.
Heard the learned Counsel for the insurer/appellant.
1. The insurer-appellant feels aggrieved by the award of an amount of Rs. 3,73,000/- as compensation to the claimants on account of the untimely death of Sri Ashish Jindal, aged about 18 years in the accident involving the offending motor vehicle, a Maruti bearing registration No. U.H.P. 5858 insured by the appellant.
2. The claimants had come up with a case that on 23.3.1998 when Sri Ashish Jindal was going to Khatauli sitting in the said car it collided with a tree in which Sri Ashish Jindal sustained serious injuries and after accident he was hospitalized in Medical College, Meerut where he died in the same night. The claimants had further come up with a claim that the deceased Sri Ashish Jindal was a precocious student of M.B.B.S. 1st year. He had a bright future.
3. The learned Counsel for the insurer-appellant has urged that taking into consideration the age of the deceased, the amount of compensation awarded by the Tribunal is highly excessive.
4. In this connection, it may be noticed that since the deceased was a brilliant student of M.B.B.S. 1st year and he had a bright future and died in the said accident leaving behind his 42-45 years old parents, the Tribunal relying upon the various decisions, proceeded to assess the income of the deceased as Rs. 36,000/- per annum, the extent of dependency was found to be Rs. 2,400/- per annum and multiplier of 15 was rightly applied and awarded a sum of Rs. 3,60,000/- as compensation and apart from that the remaining amount of Rs. 10,000/- and Rs. 3,000/- were awarded towards mental agony and funeral ceremony. The said assessment of the Tribunal is just and proper and cannot be said to be excessive and as such the same does not call for any interference by this Court.
5. The Tribunal after carefully considering the evidence and the materials as brought on record, had come to the conclusion that the injuries, which had resulted in the death of the deceased, were caused due to the rash and negligent driving of the offending vehicle.
6. The learned Counsel for the appellant has tried to assail the findings of the Tribunal returned against it but has not been able to demonstrate that the findings can be taken to be suffering from any such legal infirmity which may justify an interference therein.
7. Taking into considering the totality of the circumstances as brought on record, this appeal is totally devoid of merits, which deserves to be and is hereby dismissed in limine.
8. As prayed, the amount of Rs. 25,000/- deposited in this Court by the insurer-appellant under Section 173 of the Motor Vehicles Act be remitted to the Motor Accident Claims Tribunal concerned so that it may disbursed to the claimant.