- (1.) J. C. S. Rawat, J. 1. This appeal preferred u/s 173 of the Motor Vehicles Act, 1988, is directed against the award dated 30- 06-2005 passed by Motor Accident Claim Tribu nal / First Additional District Judge, Udham Singh Nagar in MAC. Case No. 149 of 2004 whereby the claim of the claimants was allowed for an amount of compensation to the tune of Rs. 9,04,004/- and the appellant-United India Insurance Company Limited was directed to pay the same. The Insurance Company was also directed to deposit the amount of compensation within thirty days from the date of award and in the event of failure to deposit the amount within thirty days, the Insurance Company shall pay interest thereon @ 6% per annum from the date of filing of the claim petition upto the payment.
(2.) THE claimants/respondents had filed a claim petition for compensation of Rs. 10,01,504/- before the Tribunal alleging therein that on 26-06-2004 when the deceased-Maya Prakash Adhikari was traveling on Scooter No. U. A.-06/7579 as pillion rider, the offend ing vehicle Tanker No. U. R04/a-0298 being driven by its driver rashly and negligently while moving in reverse direc tion, dashed the scooter. THE deceased died instantaneously. It was alleged that the deceased was 48 years of age and was working as Head Clerk in Uttaranchal State Road Transport Cor poration and posted at Rudrapur, Udham Singh Nagar at the time of the accident. It was further alleged that the deceased was getting salary of Rs. 8,601/- per month. Hence, the claimants had preferred the claim petition. The owner and the insurer of the offending vehicle Tanker contested the claim petition. The Insurance Com pany in its written statement pleaded that the accident took place due to rash and negligent driving of the Scooterist. It was further pleaded that the owner and insurer of Scooter were the necessary parties but they had not been impleaded as opposite parties in the claim petition. The owner of the Tanker Amreek Singh in his written statement denied the allegation made in the claim petition due to lack of knowledge. The owner pleaded that as the Tanker was insured with United In dia Insurance Company Limited, the liability to pay compensation, if any, would be that of Insurance Company. It was further pleaded that the driver of the Tanker was holding valid driv ing licence at the time of accident and the accident occurred due to the negligence of the scooterist. On the basis of the pleadings of the parties, the learned Tribunal framed necessary issues in the case and ulti mately, the learned Tribunal held that the deceased Maya Prakash Adhikari died on account x> f the injuries sustained by him in the accident on 26-06-2004; the accident occurred due to the rash and negligent driving of the driver of the offending vehicle Tanker; and the insurer of the offending vehicle Tanker was li able to pay the compensation to the claimants.
(3.) THE Tribunal assessed the in come of the deceased at Rs. 1,03,212/- per annum. By deducting 1 73 for the personal expenses of the deceased, the claimants' dependency was assessed at Rs. 68,808/- per annum. By multiplying the annual dependency of Rs. 68,808/-with the multiplier of '13', the compen sation was worked out to Rs. 8,94,504/ -. THE Tribunal had awarded Rs. 9,500/- under other heads and thus, a total sum of Rs. 9,04,004/- was awarded as compensation to the claimants for the death of Maya Prakash Adhikari in the motor accident. THE Insurance Com pany was also directed to deposit the amount of compensation within thirty days from the date of award and in the event of failure to deposit the amount within thirty days, the Insurance Com pany shall pay interest thereon @ 6% per annum from the date of filing of the claim petition upto the payment. Feeling aggrieved by the award, the Insurance Company/appellant has preferred the present appeal before this Court.;