- (1.) RAJEEV Gupta, C. J. This is claimants' appeal for en hancement of the compensation awarded by Motor Accident Claims Tribunal /addl. District Judge, Udham Singh Nagar vide Award dated 03-01-2005 passed in M. A. C. R No. 135 of 2003.
(2.) THE claimants, who are unfortu nate husband and minor son of deceased Smt. Ritu Rawal, claimed compensation of Rs. 44,67,000/- for her death in the motor accident on 16-01-2003, when the Cycle Rickshaw, in which she was going to her school, was dashed by the offend ing vehicle Bus bearing registration No. UP-06/0476 resulting in serious injuries to Smt. Ritu Rawal, who succumbed to those injuries during the course of her treatment in the hospital the same day. THE claim ants pleaded that, deceased Ritu Rawal used to earn Rs. 13,000/- per month as salary from the school and tuition. The owner, driver and insurer of the offending vehicle Bus contested the claim and denied their liability to pay compen sation to the claimants. The owner and the driver took the plea that the Rickshaw Puller himself was negligent and as such, was responsible for the accident. The in surer of the offending vehicle Bus, on the other hand, pleaded that the Bus was be ing plied in breach of the policy condi tions. The claimants examined PW1 Rajiv Rawal, PW2 Rajiv Ghai and PW3 Manish Kharbanda in support of their claim, whereas the owner, driver and insurer of" the Bus did not examine any witness.
(3.) THE Tribunal, on a close scrutiny of the evidence led by the parties, held that deceased Ritu Rawal died on account of the injuries sustained by her in the motor accident on 16-01-2003; the acci dent occurred due to the rash and negli gent driving of the driver of the Bus; and the insurer of the Bus was liable to pay compensation to the claimants. The Tribunal assessed the income of the deceased at Rs. 43,161/-per annum on the evidence led by the claimants about her income, including her Income Tax Returns. By deducting about l/3rd of the said amount as her personal expenses, the claimants' dependency was assessed at Rs. 28,000/- per annum. By multiply ing the annual dependency of Rs. 28. 000/ - with the multiplier of '13', the compen sation was worked out to Rs. 3,74,000/- (there is an apparent computation mistake as Rs. 28,000/-, when multiplied by '13', will come to Rs. 3,64,000/- and not Rs. 3,74,000/- as recorded in the Award ). By awarding Rs. 2,000/- towards Funeral Ex penses and Rs. 5,000/- for Loss of Con sortium, the Tribunal awarded a total sum of Rs. 3,81,000/- as compensation to the claimants for the death of Smt. Ritu Rawal in the motor accident. The Tribu nal, further, directed the insurer of the offending vehicle Bus to pay interest at the rate of 6% per annum from the date of the claim petition (14-05-2003 ).;