JUDGMENT Hon'ble Sudhanshu Dhulia, J. (Oral) This appeal from order arises out of Award dated 20.01.2010 passed by the Motor Accident Claims Tribunal, Rudrapur, District Udham Singh Nagar in M.A.C.P. No. 363 of 2008, whereby the learned Tribunal has awarded a compensation of Rs. 8,66,000/- (Rupees Eight Lakh Sixty Six Thousand only) along with an interest at the rate of seven per cent per annum from the date of filing of the claim petition. This amount has to be given by the insurance company (i.e. the appellant before this Court), but the rights have been given to the insurance company to recover the amount from the owner of the vehicle on the basis of the finding that on the date of incident, the driver was not having a valid permit. 2. Brief facts of the case are that a claim petition was filed by claimant no. 1 aged 49 years and claimant no. 2 aged 45 years stating that on 26.08.2008, when their son Gurjeet Singh was waiting for bus near “Motiapur Chakki" along with his uncles Manjeet Singh and Vikramjeet Singh, at about 04:30 P.M., a Truck bearing registration no. UGY-8404 which was coming from the side of Kashipur and was being driven rashly and negligently by its driver hit Gurjeet Singh and crushed him to death. Gurjeet Singh died on the spot. The incident was seen by Manjeet Singh and Vikramjeet Singh. The first information report was lodged by claimant no. 1 at P.S. Gadarpur. It was stated in the claim petition that on the date of incident the deceased was aged 21 years and was doing the mechanical work of YVR. The deceased was earning a sum of Rs. 8,000/- (Rupees Eight Thousand only) per month. On account of death of their son in a motor accident, the claimants claimed for a compensation of Rs. 9,00,000/- (Rupees Nine Lakh only). 3. Inspite of the notices issued to the driver and the owner of the offending vehicle, they did not appear before the Motor Accident Claims Tribunal, and hence the case proceeded against them ex parte. The insurance company appeared before the Tribunal and filed its written statement. 4. On the basis of the pleadings of the rival parties, the learned Tribunal framed the following issues:- “1. The insurance company appeared before the Tribunal and filed its written statement. 4. On the basis of the pleadings of the rival parties, the learned Tribunal framed the following issues:- “1. Whether the accident in question occurred on 26.08.2010 at about 04:30 P.M. near Motiapur Chakki at Kashipur-Rudrapur Main Road, P.S. Gadarpur, District Udham Singh Nagar due to rash and negligent driving by the driver of Truck No. UGY-8404, and Gurjeet Singh died due to injuries sustained in the accident? 2. Whether on the date of accident the driver of the truck was not having a valid and effective driving licence? 3. Whether the claimants are entitled for any compensation? If yes, then to what extent and from which of the parties? 4. Whether on the date of accident the permit of vehicle UGY-8404 was not valid?" 5. As regarding issue no. 1, the learned Tribunal recorded a finding that the accident in question occurred due to rash and negligent driving by the driver of Truck No. UGY-8404 and Gurjeet Singh died to grievous injuries sustained by him in the said accident. This finding of the Tribunal is based on the evidence in the form of PW 2 Manjeet Singh, who is an eyewitness to the incident and who gave a categorical statement that the truck was being driven rashly and negligently by its driver. 6. While deciding issue no. 2, the learned Tribunal came to the conclusion that the driver of the vehicle was having a valid driving licence at the time of accident. 7. So far as issue no. 4 is concerned, the learned Tribunal recorded a finding that the driver of the offending truck was not having a valid permit at the time of accident. 8. As regarding compensation, the learned Tribunal determined the monthly income of the deceased as Rs. 8,000/- (Rupees Eight Thousand only) i.e. Rs. 96,000/- (Rupees Ninety Six Thousand only) per annum. Thereafter considering that deceased was a bachelor, one-half of the amount was deducted towards personal expenses and the annual dependency income was calculated as Rs. 48,000/- (Rupees Forty Eight Thousand only). Thereafter considering the age of the deceased as 21 years, a multiplier of 18 was adopted and the total dependency income was calculated as Rs. 8,64,000/- (Rupees Eight Lakh Sixty Four Thousand only). Apart from this the learned Tribunal awarded an amount of Rs. 48,000/- (Rupees Forty Eight Thousand only). Thereafter considering the age of the deceased as 21 years, a multiplier of 18 was adopted and the total dependency income was calculated as Rs. 8,64,000/- (Rupees Eight Lakh Sixty Four Thousand only). Apart from this the learned Tribunal awarded an amount of Rs. 2,000/- (Rupees Two Thousand only) towards funeral expenses. Thus a total compensation of Rs. 8,66,000/- (Rupees Eight Lakh Sixty Six Thousand only) has been awarded by the Tribunal. 9. The learned Tribunal directed the insurance company to pay the amount of compensation to the claimants and gave a liberty to the insurance company to recover the amount from the owner of the vehicle. Aggrieved, the insurance company has filed the present appeal. 10. The claimants have not filed any appeal against the award for enhancement nor has the owner of the vehicle challenged the award of the Tribunal. 11. The only ground taken by the insurance company is that since there was a finding by the Tribunal that the driver of the offending vehicle was not having valid permit, the entire liability ought to have been fixed on the owner, however, the Tribunal has fixed the liability on the insurance company with liberty to recover the same from the owner of the offending vehicle. 12. Since the liability to pay the compensation has been fixed by the Tribunal on the insurance company only to the extent that it shall pay the amount of compensation, and then it can recover the same from the owner of the offending vehicle, this Court finds nothing wrong in the findings arrived at by the Tribunal and there is no anomaly in the award. 13. Consequently, appeal fails and is hereby dismissed. 14. Let the entire amount be deposited by the insurance company with the concerned Tribunal along with seven per cent interest per annum from the date of filing of the claim petition, within a period of three weeks from the date of production of a certified copy of this order, after adjusting the amount already paid. Let the statutory amount of Rs. 25,000/- (Rupees Twenty Five Thousand) be also remitted to the concerned Tribunal. After the amount is deposited by the insurance company, let the same be released in favour of the claimants forthwith. 15. Let the statutory amount of Rs. 25,000/- (Rupees Twenty Five Thousand) be also remitted to the concerned Tribunal. After the amount is deposited by the insurance company, let the same be released in favour of the claimants forthwith. 15. Let a copy of this judgment along with lower court record be sent to the concerned Tribunal for onward compliance.