- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a learned Single Judge of the Uttaranchal High Court, partially allowing the appeal filed by the respondents. The appeal was filed before the High Court in terms of Section 173 of the Motor Vehicles Act, 1988 (in short the Act ) seeking enhancement of the compensation as fixed by learned 1st Additional District Judge-cum-Motor Accident Claims Tribunal, Haridwar. (In short the MACT ). The MACT had awarded compensation of Rs. 1,64,500/-alongwith interest @ 9% p.a. from the date of claim.
(3.) The claim petition was filed inter-alia stating that on 2.9.2003 one Soorveer Singh (hereinafter referred to as the deceased ) was driving a scooter. Suddenly, the bus owned by the present appellant-Corporation dashed against it. The vehicle was being driven in a rash and negligent manner. It is stated that the deceased was aged 43 years at the time of the accident and was a hawker and earning Rs. 5,000/- p.m. The Corporation took the stand that there was actually no rash and negligent act of the driver. When the scooter was trying to overtake the truck it lost control and the accident occurred due to negligence of the claimant. The MACT held that there was no material to establish the income as claimed and accordingly a sum was fixed at Rs. 15,000/-p.a. which is the notional income.;