- (1.) RAJEEV Gupta, C. J. Mr. B. S. Parihar, Advocate on behalf of Mr. Ram Kishor Arya, Advo cate for the appellants. Mr. A. N. Sharma, Advocate for the respondent. They are heard on admission.
(2.) THIS is claimants' appeal for en hancement of the compensation awarded by Motor Accident Claims Tri bunal / District Judge, Udham Singh Nagar vide Award dated 13-01-2006 passed in MACP No. 213 of 2004. The mother and brothers of de ceased Sunil Kumar claimed compen sation of Rs. 5,51,000/- (Rupees Five Lakhs and Fifty One Thousand only) for his death in the motor accident on 01-09-2004 when the Bus bearing reg istration No. UP 15 E 7863, in which he was traveling with his sister from Nazibabad to Haridwar, met with an accident due to the rash and negligent driving of its driver and resulted in se rious injuries to Sunil Kumar leading to his death. The claimants further pleaded that Sunil Kumar used to earn Rs. 4,000/-per month by selling clothes. Respondent Uttaranchal Road Transport Corporation contested the claim and pleaded that the accident did not occur on account of the negligence of the driver of the bus, but it was due to sudden failure of the steering and as such, the Corporation is not liable to pay compensation to the claimants.
(3.) THE Tribunal, on the evidence led by the parties, held that Sunil Kumar died on account of the injuries sustained by him in the accident and that the accident occurred due to rash and negligent driv ing of the driver of the Bus. THE Tribu nal, therefore, held respondent Uttaranchal Road Transport Corporation iable to pay compensation to the claimants. As the evidence led by the claimants about the income of the deceased was not found reliable, the Tribunal asessed his income at Rs. 2,500/- per nonth and Rs. 30,000/- per annum. By leducting l/3rd of the said amount as his personal expenses, the claimants' deendency was assessed at Rs. 20,000/-per annum. By multiplying the annual ependency of Rs. 20,000/- with the multiplier of 12, the compensation was worked out to Rs. 2,40,000/ -. THE Tribunal further awarded Rs. 2,000/- to wards aneral Expenses and Rs. 2,000/- to ards Loss of Estate. Thus, a total sum Rs. 2,44,000/- was awarded as compensation to the claimants for the death of Sunil Kumar in the motor accident, the Tribunal awarded interest at the rate 6% per annum from the date of the application i. e. 23-09-2004. Mr. B. S. Parihar, the learned unsel for the appellants vehemently gued that the Tribunal has erred in iscarding the claimants' evidence about the income of the deceased and assessing his income at Rs. 2,500/- per month only.;