- (1.) RAJEEV Gupta, C. J. The impugned Award dated 16-12-2004 passed by Motor Accident Claims Tribunal / District Judge, Nainital in MACP. No. 40 of 2004 gave rise to the filing of these two appeals (A. O. No. 109 of 2005 and A. O. No. 238 of 2006 ). A. O. No. 109 of 2005 is at the behest of National Insurance Company Ltd. , the insurer of the offending vehicle Ar mada, whereas the other appeal A. O. No. 238 of 2006 is by the claimants for enhancement of the compensation.
(2.) THE claimants, who are unfortunate widow and minor children of deceased Mohammad Ahmed, claimed compensa tion of Rs. 29,95,000/- for his death in the motor accident, when in the evening of 03-09-2003 his motorcycle was dashed by the offending vehicle Armada Jeep bearing registration No. U. P-4c-1102 resulting in serious injuries to Mohammad Ahmed, who succumbed to those injuries on his way to Hospital. On the report of Shafeeq Ahmed, a criminal case was registered against the driver of the offending vehicle Armada. THE claimants further pleaded that deceased Mohammad Ahmed used to earn Rs. 8,000/- per month. The owner and insurer of the of fending vehicle Armada contested the claim. The owner denied his liability to pay compensation to the claimants on the plea that his vehicle was not involved in the accident. The insurer also denied its liability to pay compensation to the claimants on the plea that the vehicle was being plied in breach of the policy conditions and the person driving the vehicle at the time of the accident was not holding a valid driving license. The claimants examined PW1 Smt. Mobeen Begum, PW2 Shafeeq Ahmed and PW3 Syeed Ahmed in sup port of their claim, whereas the owner examined himself as DW1. The insurer of the offending vehicle, however, did not examine any witness.
(3.) THE Tribunal, on the evidence led by the parties, held that Mohammad Ahmed sustained injuries in the accident on 03-09-2003 and succumbed to those injuries; the accident occurred due to the rash and negligent driving of the driver of the offending vehicle Armada; and the insurer of the offending vehicle Ar mada was liable to pay compensation to the claimants. On the evidence led by the claim ants about the income of the deceased, the Tribunal assessed his income at Rs. 5,000/- per month and Rs. 60,000/- per annum. By deducting l/3rd of the said amount as the personal expenses of the deceased, the claimants' dependency was assessed at Rs. 40. 000/- per annum. By multiplying the annual dependency of Rs. 40,000/-with the multiplier of 15, the compensation was worked out to Rs. 6,00,000/ -. The Tribunal, thus, awarded total compensation of Rs. 6,00,000/- to the claimants for the death of Mohammad Ahmed in the motor acci dent. The Tribunal further directed the insurer of the offending vehicle Armada to pay the compensation to the claim ants within a period of two months and, in the event of failure, to pay interest at the rate of 6% per annum from the date of the application.;