- (1.) RAJESH Tandon, J. 1. This appeal is against the Award dated 3-8-2004, passed by the Motor Accident Claims Tribunal, Nainital for enhancement of the amount of award.
(2.) THE claimants appellants pre ferred a claim petition under section 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Sri Raju @ Sukhvinder @ Lakhvinder in a motor vehicle accident. According to the claimants on the fate ful day on 25-4-2000 at 5. 30am the de ceased parked his tanker No. MH 04-C 2035 in front of Surya Parking Dhaba on Mumbai - Pune Road, PS. Vadgaon. A truck No. KA/22-B-2798 came from the opposite side from the Mumbai, which was being driven rashly and neg ligently and dashed the tanker of the de ceased. THE deceased was sitting in the tanker; he sustained fatal injuries and died instantaneously. THE conductor of the truck also sustained injuries in the accident. According to the complainants at the time of accident the deceased was 26 years of age and he was earn ing Rs. 6,000/- per month. The respondent no. 1, the New India Assurance Co. filed written state ment and submitted that the driver of the truck No. KA-22 B/2798 and driver of truck No. MH 04-C/2035 was not made party and their insurance compa nies were also not made parties to the claim petition. The compensation claimed is highly excessive. Respondent no. 2 did not file any written statement before the Claims Tribunal. The claimants examined P. W. I Jogendra Singh and P. W. 2 Jeet Singh and have filed certified copy of the F. I. R. , charge sheet and post mortem report.
(3.) ON the basis of the evidence ad duced by the claimants, the Claims Tri bunal has held that the accident had taken-place on 25-4-2000 at 5. 30 PM on Mumbai-Pune Road, PS. Vadgaon in which the deceased Raju sustained in juries and he died on the spot. So far as the compensation is concerned the Tribunal has recorded finding that at the time of accident the age of the deceased was 28 years. There is no documentary proof regarding the monthly income of the deceased. PW. 1 Jogendra Singh has stated that the deceased used to bring Rs. 25,000/- to Rs. 30,000/- but he has not stated the monthly income of the deceased. The Claims Tribunal held the annual income of the deceased at Rs. 15,000/- on the basis of notional income. After deduct ing l/3rd of the amount for self expenses of the deceased if he would have been alive, the annual dependency of the claimants on the income of deceased was held to be Rs. 10,000/ -. Consider ing the age of the deceased a multiplier of 17 was taken and thus the amount of compensation was calculated as Rs. 1,70,000/ -. A sum of Rs. 5,000/- was awarded towards consortium. Thus a total sum of Rs. 1,75,000/- was awarded to the claimants along with pendente lite and future interest at the rate of Rs. 9% per annum.;