- (1.) B . S. Verma, J. Heard learned counsel for the parties.
(2.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the 'Act') for enhancement of compensation is directed against the impugned award dated 8. 7. 2008, passed in Motor Accident Claim Case No. 42 of 2007. Smt. Bhagwati Rawat v. National Insurance Company Limited, whereby the learned Motor Accident Claims Tribunal, Chamoli (for short the Tribunal) has awarded a compensation of Rs. 2,00,000 to the claimant-appellants alongwith interest @ 5% per annum as mentioned in the award. Briefly stated the facts giving rise to the present appeal are that the husband of the appellant No. 1, Ramesh Chandra Singh (deceased) lost his life in the motor vehicle accident, who was owner of the Alto Car No. U. A. -07P-6377. On 22.12.2006 at about 7-7.30 a.m., the deceased Ramesh Chandra Singh was driving his car and was going from Gwaldam to Gopeshwar. When the deceased reached at Paduli within the limits of Police Station Karnprayag, the car met with an accident and fell into the river Pindar due to technical failure of the vehicle.
(3.) IN the claim petition, the claimant-appellants alleged that the age of the deceased at the time of accident was 39 years and that he was running a medical and general store at Gwaldam and was earning Rs. 10,000 per month. Besides, the deceased used to earn Rs. 1,000 per month from the orchard.;