HANSA DEVI Vs. SBI GENERAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are the legal representatives of the deceased in a motor accident; the widow, three minor children and parents. The deceased was the driver of a truck in which a helper/cleaner was accompanying him. The driver had alighted after parking the truck and when he was boarding the truck, another truck driven rashly and negligently hit him and he died on the spot. The helper/cleaner who was PW2 before the Tribunal, admitted him to the hospital and gave a First Information Statement leading to the registration of an FIR. The claimants were before the Tribunal seeking compensation for the death of the bread winner of the family who was 28 years old when he met with the accident and succumbed. The Tribunal awarded a total amount of Rs.23,07,000.00 to the dependents adopting the salary claimed of Rs.10,000.00 and reducing 1/3rd for personal expenses while taking 3/4th of 40% of the income of the deceased as future prospects. The wife was granted loss of consortium @ Rs.40,000.00, the children @ Rs.25,000.00 each and the parents @ Rs.10,000.00 each. The funeral expenses and loss of estate was also awarded @ Rs.15,000.00 each.

(3.) The Insurance Company filed an appeal before the High Court in which there was considerable deduction made especially on the salary, which was reduced to Rs.4,076.00 adopting the minimum wages for a driver @ Rs.5,434.00 with 40% future prospects. The claimants were granted only Rs.40,000.00 towards loss of consortium. The amount awarded was reduced to Rs.12,34,105.00.