- (1.) RAJEEV Gupta, C. J. This is claimants' appeal for en hancement of the compensation awarded by Motor Accident Claims Tribunal / Dis trict Judge, Nainital vide Award dated 01-01-2005 passed in Motor Accident Claim Petition No. 214 of 2003.
(2.) THE claimants, who are unfortu nate parents and sisters of deceased Mohammad Asif, claimed compensation of Rs. 10,00,000/- for his death in the motor accident on 04-11-2003 when he was dashed by the offending vehicle Can ter bearing registration No. UA 04/2189 re sulting in serious injuries to Mohammad Asif, who succumbed to those injuries the same day. THE claimants pleaded that de ceased Mohammad Asif was aged about 22 years and used to earn Rs. 4,500/- per month as Mason. The owner and the insurer of the offending vehicle Canter contested the claim and denied their liability to pay compensation to the claimants. The owner of the offending vehicle Canter took the plea that the deceased himself was negligent and responsible for the ac cident, whereas the insurer pleaded that the vehicle (Canter) was being plied in breach of the policy conditions. The claimants examined PW1 Rais Miyan in support of their claim, whereas the owner and insurer of the offending ve hicle Canter did not examine any witness.
(3.) THE Tribunal, on a close scrutiny of the evidence led by the parties, held that deceased Mohammad Asif died on account of the injuries sustained by him in the motor accident on 04-11-2003; the accident occurred due to the rash and neg ligent driving of the driver of the offend ing vehicle Canter; and the insurer of the offending vehicle Canter was liable to pay compensation to the claimants. The Tribunal, on a close scrutiny of the evidence led by the claimants about the income of the deceased, as sessed his income at Rs. 2,000/- per month and Rs. 24,000/- per annum. Af ter deducting l/3rd of the said amount as the personal expenses of the deceased, the claimants' dependency was assessed at Rs. 16,000/- per annum. By multiplying the annual dependency of Rs. 16,000/-with the multiplier of '11', the compen sation was worked out to Rs. 1,76,000/ -. The Tribunal, therefore, awarded a sum of Rs. 1,76,000/- as compensation to the claimants for the death of Mohammad Asif in the motor accident. The Tribunal, further, directed the insurer of the offend ing vehicle Canter to pay interest at the rate of 6% per annum in the event of its failure to pay the amount of compensa tion within a period of two months from the date of the Award.;