MOOLWATI Vs. UTTARANCHAL ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) RAJEEV Gupta, C. J. Mr. B. S. Parihar, Advocate on behalf of Mr. Ram Kishor Arya, Advo cate for the appellants. Mr. A. N. Sharma, Advocate for the respondent. They are heard on admission.

(2.) THIS is claimants' appeal for en hancement of the compensation awarded by Motor Accident Claims Tri bunal / District Judge, Udham Singh Nagar vide Award dated 13-01-2006 passed in MACP No. 213 of 2004.

(3.) THE Tribunal, on the evidence led by the parties, held that Sunil Kumar died on account of the injuries sustained by him in the accident and that the accident occurred due to rash and negligent driv ing of the driver of the Bus. THE Tribu nal, therefore, held respondent Uttaranchal Road Transport Corporation iable to pay compensation to the claimants. As the evidence led by the claimants about the income of the deceased was not found reliable, the Tribunal asessed his income at Rs. 2,500/- per nonth and Rs. 30,000/- per annum. By leducting l/3rd of the said amount as his personal expenses, the claimants' deendency was assessed at Rs. 20,000/-per annum. By multiplying the annual ependency of Rs. 20,000/- with the multiplier of 12, the compensation was worked out to Rs. 2,40,000/ -. THE Tribunal further awarded Rs. 2,000/- to wards aneral Expenses and Rs. 2,000/- to ards Loss of Estate. Thus, a total sum Rs. 2,44,000/- was awarded as compensation to the claimants for the death of Sunil Kumar in the motor accident, the Tribunal awarded interest at the rate 6% per annum from the date of the application i. e. 23-09-2004.