Neutral Citation No. - 2025:AHC:82683 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 217 of 2013 Appellant :- United India Insurnace Co. Ltd. Respondent :- Indrajit Kaur And Others Counsel for Appellant :- S.B.L. Gour Counsel for Respondent :- Digvijay Singh Hon'ble Saral Srivastava,J. 1. List has been revised. Learned counsel for the respondent is not present. 2. Heard Sri S.B.L. Gour, learned counsel for the appellant. 3. The appellant by means of present appeal has assailed the judgment and award dated 12.10.2012 passed by Sri Sushil Kumar, Motor Accident Claims Tribunal/Special Judge, Bijnor in M.A.C.P. No.18 of 2012. 4. It is contended by learned counsel for the appellant that it is a case of collision between Motorcycle and Scorpio. It is contended that deceased was driving the Motorcycle and it is established on record that the deceased was also negligent in the accident and therefore, the Tribunal should have reduced liability to the extent of negligence of the deceased. 5. It is further contended that multiplier applied by the Tribunal is wrong inasmuch as considering the age of the deceased the Tribunal should have applied the multiplier of 17. 6. Be that as it may, the Tribunal while holding that the alleged accident had taken place due to negligence of the Scorpio placed reliance upon the FIR and also testimony of eye witness PW-2- Guru Charan Singh. The Insurance Company did not lead any evidence in rebuttal to the testimony of PW-2. 7. In such view of the fact, the finding returned by the Tribunal that the alleged accident was result of sole negligence of Scorpio, is a finding of fact based upon the testimony of PW-2 and material evidence available on record, thus, does not call for any interference by this Court. 8. So far as wrong application of multiplier is concerned, this Court may note that the Tribunal has not awarded future prospects as well as the amount towards the pain and suffering, loss of estate and funeral expenses have also been awarded on lower side. If the Tribunal had awarded the compensation under the aforesaid fact, the compensation would have been much more than what has been awarded by the Tribunal. It is settled in law that the Tribunal is under obligation to award just and proper compensation. 9. In such view of the fact, this Court is not inclined to interfere with the award on the ground of wrong application of multiplier. Consequently, appeal lacks merit and is accordingly dismissed. Order Date :- 17.5.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad