- (1.) RAJEEV Gupta, C. J. Sri I. S. Mehra, Advocate for the ap pellant. Sri N. S. Pundir, Advocate for re spondent no. 1. They are heard on admission.
(2.) THIS is claimant's appeal filed U7 s 173 of the Motor Vehicles Act, for en hancement of the compensation awarded by Motor Accident Claim Tri bunal /addl. District Judge, Haldwani, District Nainital vide Award dated 22-11-2006 passed in Motor Vehicle Acci dent Claim Case No. 178 of 2006. Claimant Smt. Maya Latwal, unfortunate widow of deceased Laxman. Singh Latwal claimed compensation of Rs. 20,00,0007- for his death in the mo tor accident on 03-05-2006 when the Roadways Bus bearing registration No. UA 07/3530, in which he was travelling met with an accident and fell in Kosi river due to rash and negligent driving of its driver resulting in unfortunate death of as many as 21 passengers including Laxman Singh Latwal and injuries to 27 passengers. The claimant further pleaded that deceased Laxman Singh Latwal used to earn Rs. 80007- per month as an Accountant. The owner and the insurer of the offending Bus contested the claim and denied their liability to pay compensa tion to the claimant. The Uttaranchal Road Transport Corporation took the plea that as the bus was insured with the Insurance Company, the liability to pay compensation, if any, would be that of the insurance company. The insurer, on the other hand, pleaded that the bus was being plied in breach of the policy conditions and the driver of the bus was not holding a valid driving licence.
(3.) THE Tribunal, on the evidence led by the parties, held that claimant's hus band Laxman Singh Latwal died on ac count of the injuries sustained by him in the motor accident on 03-05-2006; the accident occurred due to the rash and negligent driving of the driver of the bus; and the insurer of the bus was liable to pay compensation to the claimant. As the salary certificate produced before the Tribunal was not proved by the claimant, the Tribunal assessed the in come of the deceased at Rs. 150/- per day; Rs. 4500/-per month and Rs. 54,0007 - per annum. After deducting l/3rd of the said amount as his personal expenses, the claimant's dependency was assessed at Rs. 36,000/- per annum. By multiplying the annual dependency of Rs. 36,0007-with multiplier of '17', the compensation was worked out to Rs. 6,12,000/ -. By awarding further sum of Rs. 2,000/- for fu neral expenses and Rs. 5,0007- for loss of consortium, the Tribunal awarded a total sum of Rs. 6,19,0007- for the death of the deceased Laxman Singh Latwal. By ad justing Rs. 10,000/-, given by the Uttaranchal Road Transport Corporation to the claimant as ex-gratia compensation, the insurer of the bus was directed to pay a sum of Rs. 6,09,0007- as compensation to the claimants for the death of Laxman Singh Latwal in the motor accident.;