HIGH COURT OF UTTARANCHAL AT NAINITAL A.O. No. 1372 of 2001 Old No. 276 of 1979 Smt. Labh Kaur …….. Petitioner Versus Smt. Asha Devi & others ………… Respondents Dated: 9.8.2004 Hon’ble Rajesh Tandon, J. File has been transferred from Allahabad High Court. None appears on behalf of the appellant. Sri Amit Bhatt, Advocate is present on behalf of the respondent. Present appeal has been filed against the judgemnt and award dated 7.4.1979 passed by the Motor Accident Claims Tribunal, Nainital. Briefly stated the facts giving rise to the present appeal are that petitioner Smt. Asha Devi filed a claim petition for grant of compensation on account of death of her husband Mohan Lal and daughter Km. Beenain a motor vehicle accident. According to the petitioner her husband was going to his residence Khusumkhera from Haldwani on 23.2.78 by a rickshaw. A bus No. UTF 5 came from the opposite direction which was being driven rashly and negligently, hit the rickshaw due to which Mohan Lal died at the spot. He was employed in a firm Narsingh Dass and Sons and was earning Rs.300/- per month. The petitioner claimed a sum of Rs.80,000/- as compensation. Opposite parties contested the claim and admitted that deceased Mohan Lal died due to the accident but denied that the bus involved in the accident was being driven rashly and negligently. The claims tribunal has framed as many as three issues. The claims tribunal has held that the accident was caused due to rash and negligent driving of the bus. On the basis of the evidence of Smt. Asha Devi the claims tribunal has held the monthly income of deceased as Rs.300/-, after deducting one third amount for his own expenses, the dependency of the petitioner on the income of deceased was held to be Rs.200/- per month. The Tribunal held the life expectancy of the deceased as 60 years and thus used a multiplier of 25. After deducting Rs.15,000/- for lump sum payment a sum of Rs.57,000/- was awarded as compensation to the petitioner. The claims Tribunal awarded an interest of 3% per annum, which is not proper. I therefore, modify the award to the extent that the claimant would get an interest of 9% per annum. Subject to the modification in the rate of interest as 9% per annum, the appeal is dismissed. No order as to costs. (Rajesh Tandon, J.) 9.8.2004 *Dhyani