- (1.) RAJESH Tandon, J. 1. This appeal is against the Award dated 28-4-2006, passed by the Motor accident Claims Tribunal, Nainital.
(2.) THE claimants Smt. Vimla Devi and others preferred a claim petition under section 166 of the Motor Vehicles Act, for grant of compensation for Rs. 8,50,000/- on account of the death of Bhuwan Ram in a motor vehicle acci dent on 22-8-2005 involving Bus No. UA-07h/5035. According to the claim ants on the fateful day the deceased was going to Ranikhet by the bus in question. THE bus was stopped by the driver at Ghingarikhal for payment of toll tax. THE Driver of the bus left the bus and came down along with some passengers. THE road was sloppy due to which bus started rolling towards reverse side and fell down in to the ditch. Sri Bhuwan Ram sustained grievous injuries in the accident and he succumbed to the injuries instantaneously. According to the claimants at the time of accident the deceased was 44 years of age. He was doing tailoring work and was earning Rs. 7,000/-per month. Opposite party appellant con* tested the claim petition and filed writ ten statement. The appellant denied that the accident took place due to negli gence of the bus driver. It has been sub mitted that the compensation claimed is highly exaggerated. Claimants examined P. W. I Manoj Kumar who is the son of deceased Bhuwan Ram. Claimants also I filed copy of first information report and I copy of post mortem examination report I of the deceased. Opposite party has I examined Bus Driver D. W. I Sri Umed Singh.
(3.) ON the basis of the evidence by the parties, the Claims Tribunal held that the accident took place due to the negligence of the bus driver as he stopped the bus on sloppy road without placing stopper under the wheels and without applying hand brake. The Claims Tribunal has held the age of the deceased at the time of accident as 45 years and his monthly income as Rs. 4,500/- or Rs. 54,000/- per annum. Af ter deducting Rs. 18000/- for own ex penses of the deceased, his contribution towards the family was assessed to be Rs. 36,000/- per annum. Considering the age of the deceased a multiplier of 13 was applied and thus the total compen sation was calculated as 36,000 x 13 = Rs. 4,68,000/ -. The Tribunal has also awarded a sum of Rs. 5,000/- for loss of love and affection and a sum of Rs. 2,000/- for funeral expenses. Thus the Tribunal has awarded a sum of Rs. 4,75,000/- to the claimants as compen sation along with pendent elite and fu ture interest at the rate of 6% per annum. Sri N. S. Pundir, counsel for the appellant has urged that the amount of compensation awarded to the respond ents is highly exaggerated and the Tri bunal has assessed the income of the deceased only on the basis of conjecture and surmises and there is no documen tary evidence to prove the income of the deceased- The deceased himself jumped out of the bus at the time of accident due to which he was crushed under the bus and as such the deceased was him self responsible for the injuries sustained by him.;