- (1.) RAJEEV Gupta, C. J. This is claimants appeal, un der section 173 of the Motor Vehicles Act, for enhancement of the compensa tion awarded by the Motor Accident Claims Tribunal / District Judge, Udham Singh Nagar vide Award dated 18-02-2005 passed in M. A. C. P. No. 118 of 2003.
(2.) THE claimants, who are unfortu nate mother, sisters and brother of de ceased Afzal @ Guddu, claimed com pensation of Rs. 15,00,000/- for his death in the motor accident on 08-04-2003 when his motorcycle was dashed by the offending vehicle Truck bearing registration No. DL1-LE-5123 resulting in multiple serious injuries to Afzal @ Guddu, who succumbed to those inju ries on the spot itself. THE claimants pleaded that deceased Afzal @ Guddu used to earn Rs. 4. 000/- per month as Supervisor in M/s Balaji Brick Works, Thakurdwara. The owner and insurer of the of fending vehicle Truck contested the claim and denied their liability to pay compen sation to the claimants on the plea that the motorcyclist himself was negligent and as such was responsible for the accident. The owner further pleaded that as the Truck was insured the liability to pay compensation, if any would be that the Insurance Company The claimants examined PW1 Smt. Tahira Khatoon and PW2 Mohd. Lalk in support of their claim, whereas the owner and insurer of the offending vehicle Truck did not examine any wit ness in rebuttal.
(3.) THE Tribunal, on a close scrutiny of the evidence led by the parties, held that deceased Afzal @ Guddu died on account of the injuries sustained by him in the motor accident on 08-04-2003; the accident occurred due to the rash and negligent driving of the driver of the offending vehicle Truck; and the insurer of the offending vehicle Truck was liable to pay compensation to the claimants. Relying on the evidence led by the claimants about the income of the de ceased, including his salary certificate, the Tribunal assessed his income at Rs. 4,000/- per month. By deducting l/3rd of the said amount as the personal ex penses of the deceased, the claimants' dependency was assessed at Rs. 2,667/-per month and Rs. 32,004/-per annum. By multiplying the annual dependency of Rs. 32,004/- with the multiplier of '11', the compensation was worked out to Rs. 3,52,044/ -. By awarding further sum of Rs. 2. 000/- towards Funeral Expenses, a total sum of Rs. 3,54,044/- was awarded to the claimants as compensa tion for the death of Afzal @ Guddu in the motor accident. The Tribunal, fur ther, directed the insurer of the Truck to pay interest at the rate of 6% per annum on the above amount of com pensation.;