IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. A.O. No. 464/2007 New India Assurance Company Ltd. .. Appellant. Vs. Smt. Sukhda Devi and others …. Respondents. Sri V.K. Kohli, learned Senior Advocate assisted by Mr. I.P. Kohli Counsel for the appellant. Sri Pawan Mishra, learned counsel for the respondent No.1. None has appeared for other respondents. Hon’ble B.C. Kandpal, J. (Oral) This appeal under Section 173 of the Motor Vehicle Act, has been filed against the judgment and award dated 11-9-2007, passed by Motor Accident Claim Tribunal/Addl. District Judge/ I F.T.C. Dehradun, in MACT Case No. 119/2005, Smt. Sukhda Vs. The New India Assurance Company and others. 2- Brief facts of the case giving rise to this appeal are that on 23-10-2004, deceased Hemraj Singh was going to market through Subhash road and when he reached near Lord Venkateshwar Wedding Point, Auto bearing registration No. U.A. 07- 2598, coming from opposite direction in a high speed, dashed him in a rash and negligent manner and he sustained grievous injuries and died. The deceased was 24 years of age at the time of accident and he was earning Rs. 5,000/- per month. The claimants therefore filed claim petition for compensation. 3- The New India Assurance Company contested the claim petition and alleged that the offending vehicle Vikram U.A. 07- 2598 was not having valid permit. It was also alleged that the claimants were not dependent upon the deceased. Therefore, the insurance company denied its liability. 4- The opposite party no.2, owner of the offending Vikram did not contest the claim petition in spite of 2 sufficient service. Therefore, the proceedings proceeded exparte against her. 5- The opposite party no.3, driver of the offending vehicle denied the accident and alleged that the petition is bad for non-joinder of necessary parties. He had valid and effective driving license at the time of accident and the petition is liable to be dismissed against him. 6- The learned tribunal on the pleadings of parties framed relevant issues in the claim petition. Thereafter parties led evidence and the tribunal after hearing the learned counsel for the parties and considering the entire evidence available on record, decreed the claim petition for a sum of Rs. 1,25,000/- as compensation against the New India Assurance Company along with interest @ 6% per annum from the date of filing the petition till the date of actual payment. 7- Feeling aggrieved, the New India Assurance Company has filed this appeal before this court. 8- Heard learned counsel for the appellant as well as the learned counsel for claimant/respondent No.1 and perused the record. None has appeared on behalf of respondents 2 to 4 in spite of sufficient service of notice. 9- So far as the factum of accident is concerned, the learned tribunal has discussed this point on issue no.1. The case of the claimant is that the deceased was a pedestrian at the time of accident and he was dashed by the driver of Auto bearing registration No. U.A. 07-2598 from behind in a rash and negligent manner, due to which he fell down and succumbed to the injuries sustained by him. To prove the accident P.W.2, Pritam 3 Singh, an eyewitness of the accident, has been produced in this case. He has deposed that at the time of accident he was going to his home via Subhash Road. When he reached near Lord Venkateshwar Wedding Point, he saw a person going on foot on rough part of the other side of the road. Suddenly Auto Rickshaw No. U.A. 07, 2598 came there in a high speed and dashed that person from behind. F.I.R. of the accident was lodged at P.S. Dalanwala against the driver of Auto Rickshaw narrating the same facts. In the above evidence on record, I find myself in total agreement with the finding recorded by the tribunal that the deceased had died due to the rash and negligence of the driver of offending Rickshaw. 10- On issue No. 2 the learned tribunal has discussed the point that the driver was having valid and effective driving license and the vehicle was insured with New India Assurance Company at the time of the accident and the same needs no interference. 11- So far as the quantum of compensation to be awarded in favour of the claimant is concerned, the learned tribunal has discussed this point on issue No.3. The claimant has deposed that the deceased was conductor on a private Bus and he used to earn Rs. 5,000/- per month but the claimant did not file any documentary as well as cogent and reliable evidence in this regard, therefore, the learned tribunal has rightly assessed the notional income of Rs. 36,000/- per annum and after deducting 1/3rd towards personal expenses the dependency of the claimant was assessed as Rs. 24,000/- per annum. The claimant is the mother of the deceased. Her age has been shown as 59 years, therefore, the learned tribunal has adopted a correct multiplier of 5 and after adopting the multiplier of 5 the 4 compensation comes to Rs. 24,000/- X 5= Rs. 1,20,000/- . The tribunal further awarded a sum of Rs. 2,000/- for funeral expenses and Rs. 3,000/- towards loss of love and affection and the total compensation Rs. 1,20,000/- + Rs. 2,000/- + Rs. 3,000/-= Rs. 1,25,000/- has been awarded. I do not find any infirmity in the quantum of compensation calculated by the tribunal. The interest awarded by the tribunal, @ 6% per annum from the date of filing the petition till the date of actual payment is also just and reasonable. 12- For the reasons recorded above the appeal lacks merit and is liable to be dismissed. 13- Accordingly, the appeal is dismissed. The impugned judgment and award is hereby confirmed. 14- Let the statutory amount deposited by the appellant in this court, be remitted to the tribunal concerned. (B.C. Kandpal, J.) Dated: 16-7-2009 ISB