- (1.) J. C. S. Rawat, J. 1. This appeal, preferred us 110-D of the Motor Vehicles Act, 1939, is directed against the award dated 06-12-1983 passed by the Motor Accident Claims Tribunal, Pauri Garhwal, in M. A. C. Case No. 31 of 1979 whereby the claim of the claimants was allowed for an amount of compensation to the tune of Rs. 2,24,000/- with interest at the rate of Rs. 9% per annum from the date of claim petition upto the date of payment and the appellant-U. P. Jal Nigam was directed to pay the same.
(2.) BRIEF facts of the case are that claimants had filed a claim petition be fore the Tribunal for grant of compen sation of Rs. 10,00,000/- together with interest at the rate of 9% per annum against the appellant-U. P. Jal Nigam and another alleging therein that on 19-03-1979 when Mool Chandra Gupta, Assistant Engineer of the U. P Jal Nigam was travelling in offending Jeep No. U. T. S.-61 belonging to U. P Jal Nigam from Pauri to Chaubattakhal on duty, the offending jeep met with an accident causing death of the occupants of the said vehicle including Mool Chandra Gupta, Assistant Engineer (except Govind Prasad Mamgain Driver-DW-2 ). It was further alleged that the deceased was 30 years of age at the time of the accident and his pay scale was 550-30-70 EB 40-900 EB-50-1200. His monthly emoluments were Rs. 7807- plus allow ances. The opposite parties filed their written statements and contested the claim petition. The appellant- U. R Jal Nigam had admitted the accident, it was pleaded that Govind Prasad Mamgain Driver was driving the jeep from Pauri to Chaubattakhal. It was further pleaded that inspection house was reserved for Sri Sudhakar Goel, Executive Engineer and Mool Chandra Gupta, Assistant Engineer at Naugaonkhal but they did not stay there. They started for Satpuli by the offending jeep. Sri Sudhakar Goel, Executive Engineer started driving the offending jeep and little ahead of Santudhar near the curve the jeep skid ded down the road and met with an ac cident. It was further pleaded that the claimants were not entitled for compen sation. The opposite party No. 2-Govind Prasad Mamgain in his written state ment had stated that Sudhakar Goel, Executive Engineer was driving the jeep in question and he was sitting behind him. It was further pleaded that the ac cident occurred due to rash and negli gent driving of Sri Sudhakar Goel, Ex ecutive Engineer. It was also pleaded that Driver-Govind Prasad Mamgain had also sustained injuries in the accident. The learned Tribunal, on the evi dence led by the parties, framed neces sary issues in the case and held that the accident was caused due to rash and negligent driving of the driver of the of fending jeep and held that the appel-lant-U. R Jal Nigam owner of the offend ing jeep was liable to pay the compen sation. The Tribunal further directed the appellant-U. P. Jal Nigam to pay the compensation of Rs. 2,24,000/- to the claimants with interest at the rate of 9% per annum from the date of claim peti tion upto the date of payment.
(3.) FEELING aggrieved by the impugned award, the present appeal has been filed by the appellant. We have heard learned counsel for the parties and perused the record.;