- (1.) 1. This appeal under section 173 of the Motor Vehicles Act has been filed against the award dated 06- 05-2005 passed by the Motor Accident Claims Tri bunal/ II ETC. , Nainital (hereinafter re ferred as Tribunal') in M. A. C. R No. 577 2004, whereby the learned Tribunal had awarded a sum of Rs. 5,92,4007- as compensation against the appellant-Uttaranchal Transport Corporation. The appellant was directed to deposit the amount of compensation within one month from the date of award. In de fault of payment, the claimants-respond ents would be entitled for interest thereon @ 7% per annum from the date of filing of the claim petition till the date of payment.
(2.) BRIEF facts of the case are that the claimants-respondents had filed a claim petition before the learned Tribu nal for compensation of Rs. 7,86,4807-alleging therein that on 27-02-2004 the deceased-Ibrahim Ali was travelling from Nainital to Haldwani in the offending Bus No. UP 06-4140, which was being driven rashly and negligently by its driver. When the offending bus reached near Naina Gaon it fell into a gorge due to rash and negligent driving of its driver. The deceased had sustained the grievous injuries on his person and he succumbed to his injuries. It was further pleaded that the deceased was working in the Jal Sansthan. He was aged about 40 years and was earning Rs. 5. 608/- per month at the time of incident. Hence, the claim petition had been preferred by the legal heirs and dependents of the de ceased. The opposite parties filed their written statements and contested the case. The Uttaranchal Transport Corpo ration had alleged in the written state ment that the driver-Govind Singh of the offending bus was a skilled driver and the accident did not occur due to his rash and negligent driving. The appellant had further pleaded in his written state ment that the accident occurred due to the fault of one unknown vehicle which came from the wrong side. On the basis of the pleadings, the learned Tribunal framed necessary issues in the case and ultimately, the learned Tribunal had come to the conclusion that the offending bus fell into a gorge due to rash and negligent driving of its driver-Govind Singh and due to which the deceased sustained the injuries on his person and died. The learned Tribu nal had assessed the age of the de ceased as 40-42 years. It was further held that he was earning a sum of Rs. 5,600/- per month or say Rs. 67,200/j p. a. The learned Tribunal, after deduct ing l/3rd income for personal expenses had fixed the dependency of the de ceased as Rs. 44,8007- per annum. The learned Tribunal had applied the multi plier of "13" and the amount of com pensation was assessed Rs. 5,82,400/ -. Apart this, Rs. 5000/- for consortium and Rs. 5000/- for last rites had been awarded to the claimants. Thus, the Tribunal had awarded a sum of Rs. 5,92,400/- to the claimants as compensation. The appellant was directed to pay the aforesaid amount to the claim ants within one month from the date of award. In default of payment of the compensation within the stipulated time, the claimants would also be entitled for interest thereon @ 7% p. a. from the date of filing of the claim petition till the date of payment.
(3.) FEELING aggrieved by this, the Uttaranchal Transport Corporation-ap pellant has preferred the present appeal. Heard learned counsel for the parties and perused the record.;