- (1.) RAJEEV Gupta, C. J. Sri Zaffar Ullah Siddique, Advocate for the appellants is heard on admission.
(2.) THIS is claimants' appeal for en hancement of the compensation awarded by the Motor Accident Claims Tribunal/additional District Judge, Haldwani vide Award dated 10-05-2006 passed in Motor Accident Claim Case No, 172 of 2005, whereby a sum of Rs. 2,66,000/- (Rupees Two Lakhs Sixty Six Thousand only) has been awarded as compensation to the claimants. Claimants Ali Raza and Km. Rabia, who are father and sister of de ceased Sabir Saifi, respectively claimed compensation of Rs. 11,52,600/- for his death in the motor accident on 16-09-2005, when he was dashed by the of fending vehicle- Jeep bearing registration no. UP-02c/7016 resulting in serious in juries to Sabir Saifi who later suc cumbed to those injuries. The claimants pleaded that deceased Sabir Saifi was aged about 25 years and was earning Rs. 5. 400/- pei month working as a me chanic in Amit Automobiles, Haldwani. The owner and insurer of the of fending vehicle- Jeep contested the claim. The owner denied his liability to pay compensation to the claimants on the plea that the accident occurred on account of the negligence of the motor cyclist, whereas the insurer of the jeep denied its liability to pay compensation on the plea that the jeep was being plied in breach of the policy conditions 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 deceased Sabir Saifi sustained injuries in the motor ac cident on 16-09-2005; the accident oc curred due to rash and negligent driving of the driver of the offending vehicle-Jeep; and the insurer of the jeep was li able to pay compensation to the claim ants. As the evidence led by the claim ants about the income of the deceased was not found reliable, the Tribunal as sessed the income of the deceased at Rs. 3. 000/- per month and Rs. 36,000/- per annum. By deducting l/3rd of the said amount as personal expenses of the deceased, the claimants' dependency was assessed at Rs. 24. 000/- per annum. By multiplying the amount of annual de pendency (Rs. 24,000/- ) by the multiplier of 11, the compensation was worked out to Rs. 2,64,000/ -. The Tribunal further awarded Rs. 2,000/- towards funeral ex penses. Thus total sum of Rs. 2,66,0007 - (Rupees Two Lakhs Sixty Six Thousand only) was awarded as compensation to the claimants for the death of Sabir Saifi in the motor accident.;