- (1.) RAJEEV Gupta,c. J. Mr. B. M. Pingal, Advocate for the appellants. None for respondents Nos. 1 to 3 and 5. Mr. M. K. Goyal, Advocate for re spondent No. 4 New India Insurance Company Ltd. They are heard.
(2.) THIS is claimant's appeal for en hancement of the compensation awarded by Motor Accident Claims Tribunal/additional District Judge (Fourth Fast Track Court), Haridwar vide Award dated 28-08-2003 passed in Motor Ac cident Claim Petition No. 36 of 1998. The appellants and one Neetu, widow of deceased Ram Gopal claimed compensation of Rs. 20,00,000/- for the death of Ram Gopal in the motor accident on 01-02-1998 when his mo torcycle bearing registration No. UP10b 2595 was dashed by offending vehicle Mahindra Jeep bearing registration No. HR ID 8799 resulting in multiple inju ries to Ram Gopal, who succumbed to those injuries on his way to the Jolly Grant Hospital, Dehradun. The claim ants further pleaded that deceased Ram Gopal was aged about 31 years and was earning Rs. 10,0007- per month from his own business. The driver and owner of the of fending vehicle Jeep contested the claim and pleaded that the deceased himself was responsible for the acci dent. The insurer of the Jeep disowned its liability to pay compensation to the claimants on the grounds that the mo torcyclist himself was responsible for the accident and the driver of the Jeep was not holding a valid driving license.
(3.) THE Tribunal, on the evidence led by the parties, held that Ram Gopal died on account of the injuries sus tained by him in the accident; and that the accident occurred due to rash and negligent driving of the driver of the Jeep. As the Insurance Company could not establish its case, the Tribunal held the Insurance Company liable to pay compensation to the claimants. THE Tribunal assessed the income of the deceased on the basis of the notional income at Rs. 15,000/- per annum and after deducting l/3rd of the said amount as his personal expenses, the claimants' dependency was assessed at Rs. 10,000/- per annum. By multiplying the annual dependency of Rs. 10,000/-with the multiplier of 15, the compen sation was worked out at Rs. 1,50,000/ -. A further sum of Rs. 2,000/- was awarded towards funeral expenses. Thus, a total sum of Rs. l,52,000/-was worked out as compensation. As first claimant Neetu, widow of deceased Ram Gopal had remarried during the pendency of the claim petition, the Tribunal awarded a sum of Rs. 32,000/- as compensation to claimant No. 2 Smt. Chanchal (mother of deceased Ram Gopal) and a sum of Rs. 70. 000/- to claimant No. 3 Master Harsh Naiyar (minor adopted son of deceased Ram Gopal ). Mr. B. M. Pingal, learned coun sel for the appellants vehemently ar gued that the Tribunal has erred in not accepting claimants' evidence about the income of the deceased; in setting apart Rs. 50,000/- out of the compensation of Rs. 1,52,000/- as share of claimant No. 1 Neetu (Widow of deceased Ram Gopal); and in not awarding the entire amount of compensation of Rs. 1,52,000. /- to claimants Nos. 2 and 3.;