IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 168 of 2008 Smt. Ansuya Devi & others ... Appellants Versus The New India Assurance Co. Ltd. & others ... Respondents Sri Vijay Khanduri, Advocate, for appellants Dated: April 29, 2008 Hon’ble B.C. Kandpal, J. This appeal, under Section 173 of Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 28.01.2008, passed by Motor Accident Claims Tribunal/District Judge, Chamoli, Gopeshwar, in M.A.C. No. 01 of 2007, whereby the Tribunal allowed the claim petition for compensation to the tune of Rs.2,20,500/- along with interest @ 5% per annum against the New India Assurance Company Limited. Heard Sri Vijay Khanduri, learned counsel for appellants on admission and perused the record. Perusal of impugned award reveals that claimant no. 1-Smt. Ansuya Devi has stated in her statement that deceased used to earn Rs.250/- per day by working as Mistri as well as by selling vegetables, milk etc. The claimants in support of their case produced contractor-Himmat Singh as PW-2, who has stated that he used to pay Rs. 150/- per day to the deceased but this witness has also admitted this fact that deceased used to work for 25 days only in a month, but he did not produce any register of pay/wages of deceased. Therefore, the Tribunal on the basis of oral as well as documentary evidence available before it assessed the average daily wages of deceased at Rs.100/- i.e. Rs.3000/- per month and in this way, the Tribunal assessed the annual financial dependency of claimants at Rs.3000 x 12=Rs.36,000/-. The Tribunal after deducting 1/3rd towards personal expenses, assessed the financial dependents of claimants at Rs.24,000/-, which appears to be quite justified. The multiplier of ‘9’ as has been awarded by Tribunal appears to be just and reasonable. After adopting the multiplier of ‘9’, the financial dependency of the claimants comes to Rs. 24,000/- x 9= Rs.2,16,000/- and the Tribunal also awarded Rs. 2000/- towards funeral expenses, Rs.2500/- towards loss of estate and in this way, the Tribunal awarded total amount of compensation of Rs. 2,20,500/-, which appears to be just and reasonable and the same does not require any interference. The interest as has been indicated in the award also does not require any interference. In view of above, the appeal lacks merit and is liable to be dismissed. Accordingly, appeal is dismissed in limine. (B.C. Kandpal, J.) SP