J.C.S. Rawat, J. - (1.)THIS appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the award dated 20 -07 -2006 passed by the Motor Accidents Claims Tribunal/District Judge, Bageshwar (hereinafter referred as Tribunal') in M.A.C. No. 01/2006 Lalit Puri @ Lal Puri v. Nandi Bhandari and Anr. whereby the learned Tribunal had awarded a sum of Rs. 5,00,000/ - as compensation against the Appellant -the New India Assurance Company Ltd. The Appellant was directed to deposit the amount of compensation within one month from the date of award. In default of payment, the claimant would be entitled for interest thereon @ 8% per annum from the date of filing of the claim petition till the date of payment.
(2.)BRIEF facts of the case are that the claimant -injured had filed a claim petition before the learned Tribunal for compensation of Rs. 10 lakhs alleging therein that on 20 -09 -2005 at about 8:15 p.m. when he was sitting outside the Medical Store of District Hospital, Bageshwar, an offending Bus bearing No. U.A. 04B/3511 driven by its driver rashly and negligently dashed him. The front wheel of the offending vehicle crushed his right leg. It was further alleged that he spent a lot of money for his medical treatment. Thus, the claimant -injured had filed a claim petition for compensation of Rs. 10 lakhs.
The opposite parties filed their written statements and contested the case. Smt. Nandi Bhandari, who was the owner of the vehicle, had filed her written statement alleging therein that the accident did not occur due to rash and negligent driving of the driver of the offending vehicle, but it occurred due to mechanical fault. It was further alleged that the driver of the offending vehicle was having a valid driving licence and documents at the time of accident. The owner pleaded that as the vehicle was insured with the New India Assurance Company Ltd., the liability to pay compensation, if any, would be that of Insurance Company. The Insurance Company had filed its written statement denying the fact that the documents of the offending vehicle were valid at the time of accident. It was further pleaded that the vehicle was being driven against the policy conditions.

(3.)ON the basis of the pleadings, the learned Tribunal framed necessary issues in the case and ultimately, the learned Tribunal had come to the conclusion that the accident occurred due to rash and negligent driving of the driver of the offending vehicle due to which the claimant sustained injuries on his person. It was further held that the offending vehicle was insured with the New India Insurance Company Ltd. and its documents were also valid at the time of accident. It was further held that the driver of the offending vehicle was having a valid driving licence at the time of accident. The Tribunal had held that the injured became 45% disabled on account of the injuries sustained by him in the accident. The Tribunal considered the age of the injured as 40 years. The Tribunal assessed the income of the injured at Rs. 2500/ - per month or Rs. 30,000/ - per annum. The learned Tribunal had applied the multiplier of "16" and the amount of compensation was assessed Rs. 4,80,000/ -. Apart from this, Rs. 20,000/ - was also awarded for different heads. Thus, the Tribunal had awarded a sum of Rs. 5,00,000/ - to the claimant -injured as compensation. The Appellant was directed to pay the aforesaid amount to the claimant within one month from the date of award. In default of payment of the compensation within the stipulated time, the claimant would also be entitled for interest thereon @ 8% p.a. from the date of filing of the claim petition till the date of payment.
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