- (1.) RAJEEV Gupta, C. J. This is claimant's appeal for en hancement of the compensation awarded by Motor Accident Claims Tribunal / Dis trict Judge, Nainital vide Award dated 09-08-2004 passed in M. A. C. R No. 98 of 2003.
(2.) CLAIMANT Smt. Nisha Devi, unfor tunate widow of deceased Bishan Singh, claimed compensation of Rs. 10,00,0007-for his death in the motor accident, when on 13-03-2003, Marshal Jeep bearing reg istration No. UP 02-D-2915, in which he was traveling, met with an accident due to the rash and negligent driving of its driver and fell in Kosi River resulting in se rious injuries to Bishan Singh, who suc cumbed to those injuries during the course of his treatment in Base Hospital, Almora. The claimant pleaded that her husband Bishan Singh used to earn Rs. 8,000/- per month from agriculture and by selling fruits and vegetables. The owner and the insurer of the Jeep contested the claim and denied their liability to pay compensation to the claim ant on the plea that the accident did not occur due to the negligence of the Jeep driver. The insurer took the further plea that the Jeep was being plied in breach of the policy conditions. The claimant examined herself as PW1, whereas the owner and the insurer of the Jeep did not examine any witness.
(3.) THE Tribunal, on the evidence led by the parties, held that claimant's hus band Bishan Singh died on account of the injuries sustained by him in the motor ac cident on 13-03-2003; the accident oc curred due to the rash and negligent driv ing of the driver of the Jeep; and the in surer of the Jeep was liable to pay com pensation to the claimant. As the evidence led by the claimant about the income of the deceased was not found reliable, the Tribunal assessed his income at Rs. 1,500/- per month and Rs. 18,0007-per annum on its own esti mate. By deducting 1/3rd of the said amount as the personal expenses of the deceased, the claimant's dependency was assessed at Rs. 12,000/- per annum. By multiplying the annual dependency of Rs. 12,0007-with the multiplier of 10', the compensation was worked out to Rs. 1,20,0007 -. The Tribunal awarded further sum of Rs. 20. 000/- towards Loss of Con sortium to the widow and Loss of Love and Affection to the children. Thus, a to tal sum of Rs. 1,40,000/- was awarded as compensation to the claimant for the death of her husband Bishan Singh in the motor accident. The Tribunal, further, di rected the insurer of the Jeep to pay in terest at the rate of 9% per annum from the date of the application.;