- (1.) HEARD learned counsel for the par ties.
(2.) THIS appeal, preferred under Section 173 of Motor Vehicles Act, 1988, is directed against the judgment and award dated 23-09-1996, passed by M. A. C. T. / II Additional District Judge, Nainital, whereby he has awarded a sum of Rs. 1,54,000/- to the claimants and directed that said amount be paid by appellant Sardar Deedar Singh who was owner of the vehicle. Brief facts of the case are that on 03-05-1993 at about 8:30 P. M. , Mohd. Usman (deceased) was taking wheat in truck registration No. U. P.-26/ 0616 loaded from village Jamaur. When he reached near brick kiln, due to rash and negligent driving on the part of the driver of the truck, it got uncontrolled and dashed at the tree by the side of the road. Driver as well as the cleaner fled from the spot. Mohd. Usman was rushed to primary health center, Khatima where he was declared brought dead. On 04-05- 1993 a crime No. 256 of 1993 was registered in re spect of the above accident under Sec tion 279/338/304 A of Indian Penal Code. It is alleged in the claim petition that the deceased was earning Rs. 4. 000/- per month. At the time of his death he left behind him widow (claim ant No. 1) and four minor children (claimants No. 2 to 5 ). Claimant No. 6 and 7 are the parents of the deceased. Claimants No. 8 and 9 are his sisters. A sum of Rs. 18,15,000/- as amount of compensation was claimed by the claimants. Respondent No. 1 (the present appellant), the owner of the vehicle, contested the claim petition and denied that the driver was rash and negligent in driving the vehicle. However, the ac cident was not disputed by him. Re spondent No. 1, pleaded that the afore said truck was ensured with United In dia Insurance Company for the period 20-09-1992 to 19-09-1993 under cover Note No. 442411. Both United India Insurance Company and its Branch Manager, disputed the facts alleged in the claim petition and denied having is sued any cover note in respect of truck No. U. P. 26/0616.
(3.) LEARNED Motor Accidents Claims Tribunal framed following three issues : (1) Whether the truck registration No. U. P. 26/0616 met with an accident due to the rash and negligent driving on the part of the driver ? (2) Whether the truck registration No. U. P. 26/0616 was insured with respondent No. 2 and 3 at the time of the accident ? (3) Whether the claimants are enti tled to compensation, if so to what amount and from whom ? After recording the evidence and hearing the parties, learned Motor Ac cidents Claims Tribunal decided issue No. 1 in favour of the claimants hold ing that the truck No. U. P. 26/0616 met with an accident due to the rash and negligent driving on the part of its driver. On issue No. 2, learned tribunal found that the cover note No. 442411 was not issued by the respondent No. 2 and 3 and the truck registration No. U. P. 26/0616 was not insured with re spondent -United India Insurance Com pany on the date of the accident. On issue No. 3, the tribunal after consid ering the evidence found that the de ceased had an income of Rs. 1,500/-per month at the time of his death and considering his age (i. e. 30 years), a multiplier of 12 was applied and after deducting one-third of his income, which the deceased would have spent on himself, assessed Rs. 1,44,000/- as financial loss to the dependants, Rs. 5. 000/- as compensation on account of burial expenses and Rs. 5,000/- on ac count of loss of love and affection of which the dependants were deprived due to the death of Mohd. Usman. With these findings the tribunal awarded a sum of Rs. 1,54,000/- in fa vour of the claimants as against re spondent No. 1, the owner of the ve hicle. Aggrieved by which the owner of the vehicle has filed this appeal.;