- (1.) RAJEEV Gupta, C. J. The claimants have filed this appeal for enhancement of the compen sation awarded by the Motor Accident Claims Tribunal / District Judge, Tehri Garhwal vide Award dated 20-04-2005 passed in Motor Accident Claim Petition No. 2 of 2004.
(2.) THE claimants, who are unfortu nate widow and minor children of de ceased Birendra Singh @ Beeru, claimed compensation of Rs. 31,37,000/- for his death in the motor accident on 22-12-2003 when the Jeep bearing registration No. U. P. 07- B-0109, in which he was travelling, met with an accident due to the rash and negligent driving of its driver resulting in multiple serious inju ries to the occupants of the J*p includ ing Birendra Singh @ Beeru, who suc cumbed to his injuries on way to the hospital. The owner, driver and insurer of the Jeep contested the claim nd denied their liability to pay compensation to the claimants. The owner and driver of the Jeep, though admitted the fact of the accident, took the plea that the accident occurred due to sudden mechanical fail ure and as such, the driver was not re sponsible for the accident. The insurer, on the other hand, pleaded that the Jeep was being plied in breach of the policy conditions and the driver of the Jeep was not holding a valid driving li cense. The Tribunal, on the evidence led by the parties, held that deceased Briendra Singh @ Beeru died on ac count of the injuries sustained by him in the motor accident on 22-12-2003; the accident occurred due to the rash and negligent driving of the driver of the Jeep; and the insurer of the Jeep was liable to pay compensation to the claim ants.
(3.) AS the evidence led by the claim ants about the income of deceased Birendra Singh @ Beeru was not found reliable by the Tribunal, the income of the deceased was assessed at Rs. 15,000/- per annum on the basis of the notional income prescribed in the Sec ond Schedule under Section 163-A of the Motor Vehicles Act. By deducting I/ 3rd of Rs. 15,000/- as the personal ex penses of the deceased, the claimants' dependency was assessed at Rs. 10,000/- per annum. By multiplying the annual dependency of Rs. 10,000/- with the multiplier of '14', the compensation was worked out to Rs. 1,40,000/- The Tri bunal awarded Rs. 37,000/- under other heads and thus, a total sum of Rs. 1,77,000/- was awarded as compensa tion to the claimants for the death of Birendra Singh @ Beeru in the motor accident. The Tribunal, further, directed the insurer of the Jeep to pay interest at the rate of 4% per annum on the above amount of compensation to the claim ants from the date of the claim petition. Mr. N. S. Pundir, the learned counsel for the claimants submitted that the Tribunal has erred in not accepting the claimants' evidence about the in come of the deceased; in selecting the lower multiplier of 14; in awarding low compensation of Rs. 1,77,000/- ; and in awarding interest at the lower rate of 4% per annum only.;