IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL First Appeal From Order No. 333 of 2002 1- Bhure Singh S/o Late Sumra R/o Village Kotsarai, P.S. Nagal, District Bijnor 2- Munnu S/o Bhure Singh R/o Village Kotsarai, P. S. Nagal, District Bijnor 3- Smt. Munni W/o Chandra Van R/o Village Kangri, P.S. Shyampur, District Haridwar 4- Smt. Jagwati W/o Govind R/o Village Mandavar, Police Station Mandavar, District Bijnor ....... Appellants Vs 1. Ram Charan S/o Bindu R/o Ranipur, Nagla, Polic Station Nazibabad, District Bijnor (Driver of Truck No. D.I.G. 1889) 2. Gurcharan Singh S/o Sher Singh R/o Village Badadi Biruwala Police Station Nazibabad 3. The New India Insurance Ltd., Branch Haridwar Road, Nazibabad District Bijnor (Insurancer of Truck No. D.I.G. 1889) ... Respondents Sri B.M. Pingal, holding brief of Sri Vivek Shukla, learned counsel for the petitioner. Sri T.A. Khan, learned counsel for respondents. Dated: February 27, 2008 Hon’ble B.C. Kandpal, J. This appeal has been preferred by the appellants against the judgment and order dated 21.8.2002 passed by Motor Accident Claims Tribunal/Additional District Judge/First F.T.C. Haridwar, in M.A.C.T. Case No. 113 of 1996, Bhure Singh & others vs. Ram Charan & others. Brief facts of the case are that Smt. Bhagirthi (deceased) met with an accident on 6.11.1995 at about 10.30 a.m. at Forest of Village Nalowala, Police Station Shyampur, due to rash and negligent driving of driver of Truck No. D.I.G. 1889, on account of which Smt. Bhagirthi died. At the time of accident Smt. Bhagirthi was travelling as a passenger in the said truck. Smt. Bhagirthi was an old lady of 70 years at the time of accident. The Insurance Company filed written statement alleging that as per terms of Insurance policy of truck in question passengers could not have been carried in the truck and deceased Smt. Bhagirthi was travelling in the truck as a gratuitous passenger. Therefore, the Insurance Company cannot be held to be liable for any compensation to the claimants. The owner and driver of the truck in question neither filed their written statement nor contested their case. In support of their case, the claimants produced two witnesses as PW-1 Chetan and PW-2 Munnu. On the basis of pleadings adduced by the parties, the Tribunal framed relevant issues. The Tribunal after having considered the pleadings adduced by the parties and perusing the entire material available before it, allowed the claim petition for a sum of Rs. 54,000/- and directed the Insurance Company to pay the said amount within a period of one month, failing which, the Insurance Company shall have to pay interest @ 10% per annum from the date of institution of claim petition till the date of its payment, vide judgment and order dated 21.8.2002. Feeling aggrieved by the aforesaid award, the appellants have preferred this appeal before this Court. Heard Sri B. M. Pingal, holding brief of Sri Vivek Shukla, learned counsel for the appellants, Sri T. A. Khan, learned counsel for the respondents and perused the record. Learned counsel for the appellants has submitted that the Tribunal has awarded a meager amount of compensation and the same should be enhanced by this Court. After having gone through the material on record, I do not find any ground for enhancement of the compensation. It has come in the evidence adduced by the Claimants that the deceased Smt. Bhagirthi Devi, at the time of accident, was an old lady of 70 years and she had no source of income. She due to her old age did not use to do household work. The claimants were not dependents upon the deceased. In these circumstances, the Tribunal was justified in awarding Rs. 54,000/- due to death of deceased in the accident. The appeal lacks merit and is liable to be dismissed. Accordingly, appeal is dismissed. The judgment and order is hereby confirmed. No order as to costs. (B.C. Kandpal, J.) SP