RANI GUPTA Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against the judgment and order dated 31.5.2007 passed by the High Court of Delhi in MAC No.986 of 2006 whereby and whereunder an appeal preferred by the first respondent herein under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act') was allowed.

(3.) THE learned Tribunal, applying the principle of Res Ipsa Loquitor, opined that Shri Avtar Singh was driving the car rashly and negligently. Having regard to the income tax returns filed by the deceased, the learned Tribunal arrived at the finding that his annual income was Rs.1,87,500/-. In view of the age of the deceased and the children having attained the age of majority, multiplier of 13 was applied in determining the amount of compensation. Upon deducting 1/3rd of the annual income towards personal use from his annual income, the total amount of compensation, thus, was arrived at in the following terms : <FRM>JUDGEMENT_434_TLPRE0_2009Html1.htm</FRM>