- (1.) J. C. S. Rawat, J. This appeal under section 173 of the Motor Vehicle Act has been filed against the award dated 19-10- 2005 passed by the Motor Accidents Claims Tribunal/district Judge, Nainital (herein after referred as Tribunal') in M. A. C. P No. 38/2005 Smt. Pratibha Bisht and oth ers Vs. Smt. Shanta Shah and another, whereby the learned Tribunal had awarded a sum of Rs. 6,50,000/- as compensation alongwith the interest thereon @ 6% p. a. from the date of filing the claim petition till the date of payment. The liability to pay the com pensation was fixed upon the Oriental Insurance Company Ltd.
(2.) BRIEF facts of the case are that claimants had filed a claim petition be fore the learned Tribunal for compensa tion of Rs. 25 lacs alleging therein that on 01-12-2004 deceased-Satya Prakash Singh was travelling towards Dehradun from Srinagar Garhwal in the Jeep No. UA-0/-B 2219, which was being driven rashly and negligently by its driver. When the aforesaid vehicle reached at Bachelikhal, Devprayag it fell into a gorge due to rash and negligent driving of its driver. The deceased had sustained the grievous injuries on his person and died at the spot. It had also been alleged that the deceased was working in the Winsome Laboratories Ltd; was earning Rs. 13,000/-p. m. on the date of accident; and he was aged about 34 years. Hence, the claim had been pre ferred by the dependents of the de ceased. The opposite parties filed their written statements and contested the case. The Oriental Insurance Company has denied the allegations made in the claim petition due to lack of knowledge. It was further pleaded by the Insurance Company that the driver of the vehicle was not having valid driving licence at the time of accident. Shanta Shah, who was the owner of the vehicle, has filed her written statement alleging therein that the documents of the vehicle were valid at the time of accident. It was further alleged that the jeep was insured with the Oriental Insurance Company Ltd. and as such, the liability to pay the compensation if any, is of the Oriental Insurance Company. On the basis of the pleadings, the learned Tribunal framed necessary issues in the case and ultimately, the learned Tribunal had come to the conclusion that the deceased died on account of the injuries sustained by him in the motor accident on 01-12-2004; the ac cident occurred due to rash and negli gent driving of the driver of the jeep; and the insurer of the jeep was liable to pay the compensation to the claimants. The Tribunal on a thorough scrutiny of the evidence led by the claimants about the income of the deceased assessed his income at Rs. 4700/- per month or Rs. 56,400/- per annum. The Tribunal had assessed the age of the deceased as 34 years on the date of accident. After de ducting l/3rd for the personal expenses of the deceased, the dependency of the claimants was assessed at Rs. 37,600/-per annum. The Tribunal had applied the multiplier of "17" and the amount of compensation was assessed at Rs. 6,33,200/ -. Apart from this, a lumpsum of Rs. 16,800/- was awarded to the claimants towards the funeral expenses, t loss of consortium and love and affection. Thus, the Tribunal had awarded a sum of Rs. 6,50,000/- to the claimants as compensation alongwith interest @ 6% p. a. from the date of filing the claim petition till the date of payment. It was further held that the Oriental Insurance Company Ltd. is liable to pay the com pensation to the claimant.
(3.) FEELING aggrieved by this, the ap pellants-claimants have preferred the present appeal for enhancement of com pensation. Heard learned counsel for the parties and perused the record.;