J. C. S. RAWAT, J.

1. This appeal under section 173 of the Motor Vehicles Act has been filed against the award dated 28-10- 2004 passed by the Motor Accident Claims Tri bunal/district Judge Champawat (here inafter referred as Tribunal) in M. A. C. No. 29/2003 Smt. Balwanti Devi & oth ers Vs. U. P. State Road Transport Cor poration, whereby the learned Tribunal had awarded a sum of Rs. 8,15,740/- as compensation against the appellant-U. R State Road Transport Corporation (here inafter referred as u. P. S. R. T. C. ). The appellant was directed to deposit the amount of compensation within two months from the date of award. In de fault of payment, the claimants-respond ents would be entitled for interest thereon @ 9% per annum from the date of filing of the claim petition till the date of payment.

2. Brief facts of the case are that the claimants-respondents had filed a claim petition before the learned Tribu nal for compensation of Rs. 16,20,000/ - alleging therein that on 12-05-2003 the deceased-Milap Singh was travelling from Champawat to Tanakpur in the of fending Bus No. UP 02b-7357, which was being driven rashly and negligently by its driver. When the offending bus reached near Kathol and Chalthi, it fell into a gorge due to rash and negligent driving of its driver. The deceased had sustained the grievous injuries on his per son and he succumbed to his injuries on the spot. It was further pleaded that the deceased was employed as Hawaldar in the Indian Army. He was aged about 40 years and was earning Rs. 8. 000/- per month at the time of incident. Hence, the claim petition had been preferred by the legal heirs and dependents of the de ceased.

3. The opposite party-U. P. S. R. T. C. filed its written statement and contested the case. The U. P. S. R. T. C. had alleged in the written statement that the driver of the offending bus was not rash and negligent at the time of accident. The appellant had further alleged in his writ ten statement that the accident

occurred due to the failure of its steering. The op posite party No. 2- Uttaranchal Road Transport Corporation had not filed any written statement.

4. On the basis of the pleadings, the learned Tribunal framed necessary issues in the case and ultimately, the learned Tribunal had come to the conclusion that the offending bus fell into a gorge due to rash and negligent driving of its driver and due to which the deceased sustained the injuries on his person and died. The learned Tribunal had assessed the age of the deceased as 40-41 years. It was further held that he was earning a sum of Rs. 6,740/- per month. The learned Tribunal, after deducting l/3rd income for personal expenses had fixed the dependency of the claimants as Rs. 4,493/- per month. The annual depend ency assessed by the Tribunal was thus Rs. 4,493 x 12 = 53. 916/ -. The learned Tribunal had applied the multiplier of "15" and the amount of compensation was assessed Rs. 8,08,740/ -. Apart this, Rs. 2000/- for last rites and Rs. 5000/-for love and affection were awarded to the claimants. Thus, the Tribunal had awarded a sum of Rs. 8,15,740/- to the claimants as compensation. The appel lant was directed to pay the aforesaid amount to the claimants within two months from the date of award. In de fault of payment of the compensation within the stipulated time, the claimants would also be entitled for interest thereon @ 9% p. a. from the date of filing of the claim petition till the date of payment.

5. Feeling aggrieved by this, the U. P Road Transport Corporation-appellant has preferred the present appeal.

6. Heard Sri A. N. Sharma learned counsel for the appellant. None ap peared on behalf of the claimants. Pe rused the record.

7. Learned counsel for the appellant contended that the accident occurred due to the failure of steering rod and it was a mechanical defect. It was further contended that the driver of the offend ing bus was not rash and negligent at the time of accident and the accident oc curred due to vis

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