JUDGMENT

R. F. NARIMAN, J.

Leave granted.

2. On 18.03.2004, an incident took place, by which the son of the claimant, who allegedly was a pillion rider, was killed in a road accident. The Motor Accident Claims Tribunal, Dehradun (hereinafter referred to as ‘MACT’) after examining the evidence, came to the conclusion that the accident was due to the rash and negligent driving of respondent No. 2, who was the owner of the motor vehicle and who was driving the aforesaid motor vehicle. The victim was aged 28 years. Coming to the conclusion that a salary of Rs.3,000/- per month would be adequate, with a deduction of one-third, and taking the multiplier as 8 dependant upon the claimant’s age, the MACT finally held the insurance company liable to pay a total of Rs. 1.99 lakhs + 6 percent interest thereon.

3. In the appeal filed before the High Court of Uttarakhand, by the impugned order dated 28.12.2016, the High Court held that since the insurance company denied that the deceased was only a pillion rider and stated that he was, in fact, driving the vehicle himself; also since the claimant was not present at the spot; and since Shri Virender Bijalwan, respondent No. 2, who ought to have been