- (1.) RAJEEV Gupta, C. J. This is claimants' appeal for en hancement of the compensation awarded by Motor Accident. Claims Tri bunal, Pauri Garhwal vide Award dated 02-06-2005 passed in Motor Accident Claim Petition No. 12 of 2004.
(2.) BY filing a claim petition under Section 163-A of the Motor Vehicles Act, 1988, the claimants, who are un fortunate widow and minor children of deceased Kheemanand, claimed com pensation of Rs. 7,35,000/- for his death in the motor accident on 28-01-2004 when the Maruti Van bearing registration No. UA 12-0019, which was being driven by the deceased himself, met with an accident resulting in his death on the spot itself. The claimants pleaded that deceased Kheemanand used to earn Rs. 5. 000/- per month as Drive, The owner and the insurer of the Maruti Van contested the claim and de nied their liability to pay compensation to the claimants. The insurer took the plea that the Maruti Van was being plied in breach of the policy conditions; the driver of Maruti Van was not holding a valid and effective driving license; and the accident occurred due to the negli gence of the driver himself. The claimants examined PW1 Sunita Devi in support of their claim, whereas the owner and the insurer of the Maruti Van did not examine any witness in rebuttal.
(3.) THE Tribunal, on the evidence led by the parties, held that Kheemanand died on account of the injuries sustained by him in the motor accident on 28-01-2004 and the insurer of the Maruti Van was liable to pay compensation to the claimants. As the evidence led by the claim ants about the income of the deceased was not found reliable, the Tribunal as sessed his income at Rs. 2,100/- per month and Rs. 25,200/-per annum. Af ter deducting l/3rd of the said amount as the personal expenses of the de ceased and by using the multiplier of "17", the compensation was worked out to Rs. 2,85,600/ -. As the amount was being paid in lump sum to the claim ants, the Tribunal further deducted l/3rd of Rs. 2,85,600/- and the compensation payable to the claimants was worked out to Rs. 1,90,400/ -. By awarding Rs. 5,000/- for Loss of Consortium to the window, a total compensation of Rs. 1,95,400/- was awarded to the claim ants for the death of Kheemanand in the motor accident. The Tribunal, further, directed the insurer of the Maruti Van to pay interest at the rate of 9% per annum in the event of its failure-to pay, the amount of compensation within a period of two months from the date of the Award.;