Hon’ble Alok Singh, J. (Oral)

Present appeal is preferred by the Insurance Company assailing the judgment and award dated 28.5.2012 passed by MACT/Additional District Judge, Haldwani, District Nainital, whereby learned Tribunal was pleased to award compensation of Rs. 3,67,000/- in favour of the claimants along with 7% interest per annum from the date of presentation of the claim petition till the realization of the amount.

2. A claim petition was preferred by the claimants before the Tribunal below claiming compensation of Rs. 15,20,000/-, inter alia, stating therein that on 23.7.2008, claimant no. 1 was going on his motor cycle at about 11:30 AM and his wife late Smt. Jaya Joshi was pillion rider; When the motor cycle reached near RCM Showroom, Hanuman Mandir, Kusum Khera Crossing, Haldwani, District Nainital, Maruti Van bearing Registration No. UA 04B- 5905, being driven by respondent no. 1 in the claim petition, came with high speed and dashed with the motor cycle bearing Registration No. UA 01- 5229; Driver of the Van bearing Registration No. UA 04B- 5905 was driving the vehicle rashly and negligently with high speed; Wife of claimant no. 1 Smt. Jaya Joshi sustained serious injuries and died on the spot; Late Smt. Jaya Joshi was about 37 years of age at the time of accident and death and was working as agent of LIC and Sahara India Ltd. and was earning about Rs. 10,000/- per month; Claimant No. 1 has lost his young wife and minor claimant Nos. 2, 3 & 4 have lost their mother and, therefore, deprived of her love and affection and care.

3. Owner, driver and insurance company filed their respective written statements stating therein that no accident took place by the Maruti Van bearing Registration No. UA 04B- 5905 and it was wrongly shown involved in the accident in question, therefore, no liability can be fastened either against the owner, the driver or the insurance company.

4. Learned Tribunal framed three issues, which are being reproduced hereinunder :

(1) As to whether on 23.7.2008 at about 11:30 AM when Smt. Jaya Joshi was pillion rider on the motor cycle bearing registration no. UA- 01-5229 being driven by claimant no. 1, Maruti Van bearing registration no. UA 04B- 5905 being driven by respondent no. 1 with high speed rashly and negligent dashed with the motor cycle resulting in the death of Smt. Jaya Joshi?

(2) As to whether on the date of accident, the driver of the vehicle bearing registration no. UA 04B- 5905 was having valid driving license?

(3) As to whether the claimants are entitled for any compensation and, if yes, to what extent and from whom?

5. Learned Tribunal while placing reliance on the statement of PW2 Sri Girish Chandra Joshi has recorded finding of fact to the effect that when Smt. Jaya Joshi was going on motor cycle bearing registration No. UA 01- 5229, being driven by her husband/claimant no. 1, as a pillion rider and motor cycle reached near Hanuman temple, Kusum Khera Crossing, Haldwani, Van bearing No. UA 04B- 5905, being driven by respondent no. 1 rashly and negligently and with high speed, dashed with the motor cycle resulting in the death of Smt. Jaya Joshi. It has further been held by the Tribunal that Girish Chandra Joshi, PW2, was not cross-examined either by the owner or the driver of the Van, therefore, statement of PW2 Girish Chandra Joshi stands uncontroverted, thus, involvement of vehicle bearing registration no. UA 04B- 5905, being driven by respondent no. 1 with high speed rashly and negligently, stands proved.

6. Learned Tribunal has drawn notional income of the deceased at the rate of Rs. 3,000/- per month and, after deducting 1/3rd towards personal expenses of the deceased, has assessed the notional annual income at the rate of Rs. 24,000/- and applied the multiplier of 11. Learned Tribunal also awarded Rs. 5,000/- towards loss of company of the wife and Rs. 2,000/- towards funeral expenses, total Rs. 3,67,000/- and directed the insurance company to make p