- (1.) RAJEEV Gupta C. J. This is insurer's appeal against the Award dated 20-01-2004, passed by the Motor Accident Claims Tribunal/additional District Judge, Roorkee, Haridwar in Motor Accident Claim Case No. 25 of 2003.
(2.) THE claimants, who are unfortu nate widow, minor children and mother of deceased Rajendra Kumar Sharma, claimed compensation of Rs. 35,10,0007-for his death in the motor accident on 19-02-2003 when his motor-cycle bearing registration No. UP 10-B 3669 was dashed by the offending vehicle bus bearing reg istration No. UMU 9904 resulting in mul tiple serious injuries to Rajendra Kumar Sharma, who succumbed to those injuries immediately after reaching the Civil Hos pital. THE claimants further pleaded that Rajendra Kumar Sharma was getting sal ary of Rs. 13,045/- as teacher in a Gov ernment College. The owner and the insurer of the offending vehicle bus contested the claim and denied their liability to pay compen sation to the claimants. The owner of the offending vehicle bus took the plea that the accident did not occur due to rash and negligent driving of the driver of the bus and in case of any liability to pay com pensation to the claimants, it would be that of Insurance Company. The insurer, on the other hand, took the plea that the accident occurred due to negligence of the deceased himself. The claimants examined P. W. 1 Smt. Mithilesh, P. W. 2 Amarjeet, P. W. 3 Ravindra Singh and P. W. 4 Sanjay Bansal in support of their claim, whereas the owner and insurer of the bus did not ex amine any witness.
(3.) THE Tribunal, on the evidence led by the parties, held that Rajendra Kumar Sharma died on account of the injuries sustained by him in the motor accident on 19-02-2003; the accident occurred due to the rash and negligent driving of the driver of the bus; and the insurer of the bus was liable to pay compensation to the claim ants. Relying upon the evidence led by the claimants about the income of the deceased including his salary certificate, the Tribunal assessed his income at Rs. 13,045/- per month and Rs. 1,56,5407-per annum. After deducting l/3rd of the above amount as personal expenses of the deceased, the claimants' dependency was assessed at Rs. 1,04,360/- per annum. By multiplying the annual dependency of Rs. 1,04,360/- with the multiplier of '15', the compensation was worked out to Rs. 15,65,4007 -. The Tribunal further awarded Rs. 10,000/- towards funeral expenses; loss of consortium to the widow; and loss of estate. Thus, a total sum of Rs. 15,75,000/- was awarded as compensa tion to the claimants for the death of Rajendra Kumar Sharma in the motor accident. The Tribunal further directed the insurer of the bus to pay interest on the above amount of compensation at the rate of 9% per annum in the event of its failure to pay the compensation within a period of one month from the Award.;