JUDGEMENT
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(1.) RAJEEV Gupta, C. J. Mr. A. N. Sharma, the learned counsel for the appellant is heard on ad mission.
(2.) APPELLANT Uttaranchal Transport Corporation has filed this appeal against the Award dated 31-05- 2006 passed by Motor Accident Claims Tribunal, Dehradun in Motor Accident Claim Case No. 183 of 2005, whereby the ap pellant Corporation was directed to pay a sum of Rs. 2,25,ooo/- as compensa tion to the claimants with interest at the rate of 6% per annum from the date of the application.
Respondents / claimants Smt. Sangat Kaur and Sri Fakir Singh, the unfortunate parents of deceased Kulveer Singh, claimed compensation of Rs. 15,20,000/- for his death in the motor accident, when he was hit by the appel lant's bus bearing registration No. UA-07-J-0765 on 18-06-2005 resulting in his instantaneous death on the spot, itself. The claimants pleaded that their son Kulveer Singh was aged about 29 years and used to earn Rs. 5,500/-per month as Welder.
The appellant Corporation and the driver of the bus contested the claim and denied their liability to pay compen sation on the plea that the deceased, himself, was responsible for the acci dent, as he was negligent while crossing the road.
(3.) THE Tribunal, on the evidence led by the parties, held that claimants' son Kulveer Singh died on account of the in juries sustained by him in the accident and that the accident occurred due to the rash and negligent driving of the driver of the appellant's bus.
As the Tribunal did not find the evidence led by the claimants about the income of the deceased reliable, his in come was assessed by the Tribunal at Rs. 3,000/- per month on its own estimate. After deducting l/3rd of the said amount as his personal expenses, the claimants' dependency was assessed at Rs. 2. 000/- per month and Rs. 24,000/ - per annum. By multiplying the annual dependency of Rs. 24,000/- with the multiplier of '9', the compensation was worked out to Rs. 2,16,000/ -. The Tri bunal awarded further sum of Rs. 9,000/- under other permissible heads and thus, a total sum of Rs. 2,25,000/- was awarded as compensation to the claim ants. The Tribunal, further, directed pay ment of interest at the rate of 6% per annum on the amount of the compen sation from the date of the application.;
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