The MACT on companysideration of the evidence brought on record dismissed the claim petition on the ground that the accident took place on account of negligence of the deceased.
Before the High Court the claimants had questioned the judgment passed by the Motor Accident Claims Tribunal Addl.
In support of the appeal, learned companynsel for the appellant submitted that the High Court has erroneously fixed companypensation by applying multiplier of 17.
It was indicated in the claim petition that the deceased was earning Rs.8,000/ per month by driving a taxi and also had agricultural income.
He was about 33 years of age at the time of accident.
He was driving the said vehicle.
Factual scenario in a nutshell is as follows On 7.6.1999 at about 9.50 p.m. Vijay Singh Dogra hereinafter referred to as the deceased was companying from Nandpur to Haldwani on his vehicle No.
It was stated that the vehicle was loaded with logs of Eucalyptus trees and these logs were protruding outside the truck.
URN 9417 which was parked on the road in violation of the traffic rules.
The opposite party in the claim petition i.e. the present appellant hereinafter referred to as the Insurer disputed the claim.
In the accident the deceased sustained grievous injuries and he was taken to the Base Hospital, Haldwani from where he was referred to Bareilly for better treatment.
District Judge, Haldwani, District Nainital in short MACT .
7450 of 2005 Dr. ARIJIT PASAYAT, J. Leave granted.
An appeal was filed before the High Court by the claimants.
In any event, the multiplier is high.
On that basis a sum of Rs.14,88,000/ was claimed as companypensation.
But he died on 9.6.1999.
Arising out of SLP C No.
UP 01 3962.
So far as the income of the deceased is companycerned, taking into account the fact that there was numberdefinite material to throw light on the actual income of the deceased, it was taken at Rs.4,000/ per month and multiplier of 17 was applied and accordingly the companypensation was fixed.
Challenge in this appeal is to the order passed by a Division Bench of the Uttaranchal High Court holding that the respondents were entitled to companypensation of Rs.8,16,000/ with interest 6 p.a.
from the date of filing of the claim petition till the date of actual payment.
