JUDGMENT

Hon'ble Sharad Kumar Sharma, J (Oral)

This is the claimants/appellants appeal from order, which has been preferred by invoking the provisions contained under Section 173A of the Motor Vehicle Act, 1988. The claimants, herein, have put a challenge to the judgment and award dated 21.12.2016, as it has been rendered by the learned Motor Accident Claims Tribunal, Tehri Garhwal; in MACP No.23 of 2016, “Smt. Parwati Devi & others Vs. Prabodh Chamoli @ Pramod Chamoli", and as a consequence of the impugned award which is under challenge, the claim of the claimants/appellants has been partially decreed only to the tune of Rs.3,41,000/- along with the interest payable on it @ 7% per annum from the date of filing of the claim petition, till its actual payment. The claimants/appellants have prayed for the enhancement of the award, and had also prayed that the total amount, which has been claimed by them in the claim petition to the tune of Rs.35,10,000/- along with pende lite interest @ 12% per annum may be awarded in their favour.

2. The brief facts which engage consideration in the present appeal from order are:-

(1) That the claimants/appellants, herein, on 12.08.2016, have preferred a claim petition, under Section 166 of the Motor Vehicle Act, 1988, contending thereof, that the late husband of the appellant No.1, and the father of the appellant Nos.2 and 3, i.e. Late Shri Surat Singh, who was the resident of Village Kathuli, Patti Dhaarmandal, Tehsil Pratap Nagar, District Tehri Garhwal, on the date of the accident i.e. on 13.01.2016, when he was walking on the left hand side of the road, and was going from his shop, which was situated near “Bauradi Bus Stop" to his resident situated at Sector 4B, House No.B-2/4 Moldhar, New Tehri, District Tehri Garhwal, a vehicle bearing Registration No.UK09A-1890, which was a Maruti Alto Car; belonging to the opposite party/respondent, herein, is alleged to have been driven rashly and negligently, and as a consequence thereto, the offending vehicle had knockdown, late Shri Surat Singh, due to which he fell down and got grievously injured resulting to his death, and the accident took place near St. Anthony Public School, due to which he suffered grievous injuries on his head and other parts of the body, and he died on the spot.

(2) Hence the claimants/appellants in the claim petition has contended, that since the deceased late Shri Surat Singh, on the date of the accident i.e. 13.01.2016, was of about 59 years of age, and had been profitably engaged in running a shop, which was situated near “Bauradi Bus Stop". Apart from the said business, he was also engaged in agricultural activities, and hence since he being also an income tax assessee, it was contended that he used to earn approximately Rs.30,000/- per month from the aforesaid engagements, and hence they contended and claimed that they would be entitled for the grant of compensation, as it was determined by them in the claim petition to the tune of Rs.35,10,000/-, and had alleged that the liability of the said claim was exclusively vested on the owner of the offending vehicle i.e. respondent, herein.

(3) Apart from the facts pleaded in the claim petition, the claimants/appellants, herein, have contended that the deceased late Shri Surat Singh, out of the income which had accrued to him from the said business of the shop had sufficient income, and he had also engaged/employed one Shri Raghubeer Singh, who used to work and assist him in his shop, which was being run under the name and style of “Panwar General Store", and in view thereof, he also used to pay Rs.7,000/- per month as salary, to Mr. Raghubeer Singh, and hence, they contended that the total income, which had accrued according to the basis of the income disclosed in the claim petition, if 1/3rd amount is deducted from the income, which has accrued, the total dependency of the claimants would be of Rs.2,40,000/- per annum. Apart from the claimants/appellants have contended that