- (1.) J. C. S. Rawat, J. 1. This appeal, under section 173 of the Motor Vehicles Act, 1988, has been filed for the enhancement of the award dated 05-06-2006 passed by the Motor Accidents Claims Tribunal/district District Judge, Almora (hereinafter re ferred as Tribunal') in M. A. C. No. 41 of 2005, Smt. Pratima Devi and others Vs. Pratap Singh and another whereby the learned Tribunal has awarded a sum of Rs. 2,35,000/- as compensation alongwith interest thereon at the rate of 7% per annum from the date of filing of the claim petition upto the payment against the opposite parties/respondents jointly and severally.
(2.) THE facts, in nutshell, are that deceased Sri Harak Singh was working as a Cleaner in Vehicle No. UA- 01/3039. On 8th December, 204,"the vehicle met with an accident due to rash and negli gent driving of the driver and deceased Harak Singh sustained multiple injuries in the motor accident. Later on, de ceased Harak Singh succumbed to his injuries. Deceased Harak Singh was get ting a sum of Rs. 3,500/- per month salary as a cleaner of the vehicle. Thus, the claimants had filed a claim petition before the Tribunal. The respondents contested the claim petition and filed their separate written statements. The respondent No. 1, owner of the vehicle, admitted the factum of the accident and denied the rest of the allegations made in the claim petition. He further alleged in the writ ten statement that the driver of the said vehicle was not rash and negligent at the time of the accident; the accident oc curred due to technical defect in the ve hicle; the driver of the vehicle had a valid and effective driving licence to drive the vehicle; the vehicle was insured with respondent No. 2, the New India Insurance Company Ltd; and if, there is any liability to pay the compensation, the Insurance Company is liable to pay the compensation. The respondent No. 2, insurer, on the other hand, pleaded that the vehicle was being plied in breach of the policy conditions; the driver was not holding valid driving li cence at the time of accident; and the compensation demanded was very ex cessive. The learned Tribunal on the evi dence led by the parties held that the deceased died on account of the inju ries sustained by him in the motor acci dent on 08-12-2004; the accident oc curred due to rash and negligent driving of the driver of the vehicle; and the in surer & owner of vehicle No. UA01 73039 were liable to pay the compensation to the claimants jointly and severally.
(3.) THE Tribunal assessed the monthly income of the deceased at Rs. 1,500/- per month in his own esti mate. By deducting 1/3rd of Rs. 1,500/ - as personal expenses, the dependency was assessed at Rs. 1,000/- per month i. e. Rs. 12,000/- per year. THE learned Tribunal had selected the multiplier of '13' but due to mistake the calculation has been carried out on the basis of mul tiplier of '12'. By multiplying the annual dependency of Rs. 12,000/-with the mul tiplier of '12', the compensation worked out to Rs. 1,44,000/ -. THE Tribunal fur ther awarded Rs. 2,000/- towards 'fu neral Expenses', Rs. 5,000/- for 'loss of Consortium' and Rs. 84,000/- towards the treatment for the injuries sustained by the deceased in the motor accident. Thus, a total sum of Rs. 2,35,000/- was awarded as compensation to the claim ants for the death of deceased Harak Singh in the motor accident. THE Tribu nal further directed the insurer and the Owner of the vehicle to pay interest at the rate of 7% per annum from the date of claim petition till the payment of the compensation. Feeling aggrieved by this award, the claimants have preferred the present appeal for enhancement of compensa tion.;