- (1.) RAJEEV Gupta, C. J. This is claimants' appeal for enhancement of the compensation awarded by Motor Accident Claims Tribunal/lst Addl. District Judge, Dehradun vide award dated 18-05 1999 passed in M. A. C. R No. 59 of 1997.
(2.) THE claimants claimed compen sation of Rs. 5,04,000/- for the death of Kishan Lal @ Munna, husband of claimant No. 1 Smt. Bharti Devi and father of claimants Nos. 2 to 4 in the motor accident on 13-03- 1997 when the Truck driven by one Bhagirath bearing registration No. DL Ol-G/a-4180 col lided with his Truck bearing registration No. URM-1995 resulting in serious inju ries to Kishan Lal @ Munna, who suc cumbed to those injuries on 15-03-1997. THE claimants pleaded that deceased Kishan Lal @ Munna used to earn Rs. 2,500/- per month as salary and Rs. 40/- per day as allowance. The owner and insurer of the Truck bearing registration No. URM-1995 and the insurer of the Truck bearing reg istration No. DL Ol-G/a-4180 contested the claim and filed their separate writ ten statements. The insurer of the Truck bearing registration No. DL 01 -G/a-4180 denied its liability to pay compen sation to the claimants on the plea that the driver of the truck was not holding a valid driving license and, in the alter native, it was pleaded that it was a case of contributory negligence of the drivers of both the trucks. The Tribunal, on the evidence led by the parties, held that deceased Kishan Lal @ Munna sustained injuries in the motor accident on 13-03-1997 and succumbed to those injuries on 15-03-1997; the accident occurred due to the rash and negligent driving of the drivers of both the trucks; and the in surer of the Truck bearing registration No. DL 01 -G/a-4180 was liable to pay 50% of the compensation assessed by the Tribunal.
(3.) ON the evidence led by the claim ants about the income of the deceased, the Tribunal assessed his income at Rs. 2,400/- per month and after deducting l/3r. d of the said amount as the personal expenses of the deceased, the claimants' dependency was assessed at Rs. 1,600/ - per month and Rs. 19,200/- per annum. Considering that the deceased was aged about 42 years on the date of the accident, the Tribunal selected the multiplier of'15'. By multiplying the annual dependency of Rs. 19,200/- with the multiplier of 15, the compensation was worked out to Rs. 2,88,000/ -. The Tribunal, further awarded a sum of Rs. 2,000/- towards Funeral Expenses and Rs. 5,000/- towards Loss of Consortium to the widow. Thus, a total sum of Rs. 2,95. 000/- was assessed as compensa tion in the case. As the Tribunal held it to be a case of contributory negligence, where the drivers of both the trucks were equally responsible for the accident, the insurer of the Truck bearing registration No. DL 01 -G/a-4180 was directed to pay 50% of the above amount of Rs. 2,95,000/- i. e. Rs. 1,47,500/- as com pensation to the claimants with interest at the rate of 12% per annum from the date of the filing of the petition till the date of payment. Mr. H. M. Bhatia, the learned counsel for the appellants vehemently argued that the Tribunal has erred in holding that deceased Kishan Lal @ Munna was also equally responsible for the accident; and in assessing the in come of the deceased at Rs. 2,400/- per month only whereas the evidence on record established that the deceased was getting more than Rs. 3,000/- per month as salary and allowance as truck driver.;