NEW INDIA ASSURANCE CO. LTD. Vs. KUMAR

JUDGEMENT

(1.) The insurer of the motor vehicle bearing registration No. KA-22/B-0296 which was involved in an accident that occurred on 11/2/2010, has filed this appeal challenging the liability imposed upon it to pay the compensation to the claimant.

(2.) It is stated that the younger brother of the claimant was employed as a cleaner in the vehicle bearing registration No. KA-22/B-0296. On 11/2/2010 when the deceased was traveling in the vehicle, the driver lost control and dashed against a median and thereafter, dashed against a bridge guard barricade put up on the Markhandeya river bridge. As a result of the accident, the driver as well as the deceased suffered C/W MFA.CROB No. 896 of 2013 injuries and succumbed at the spot. The deceased was aged 22 years and was earning wages of Rs.4,000.00p.m. including bata. The claimant therefore filed a claim petition contending that he was dependant upon the deceased. The claimant initially filed M.V.C. No. 1150/2011 and thereafter withdrew it to file a petition for compensation under the Employees' Compensation Act, in W.C. No. 66/2011 which too was withdrawn and a fresh claim petition was filed in M.V.C. No. 1073/2012. The Insurer opposed the claim petition and contended that the claimant was not dependent on the deceased and therefore, he was not entitled to claim any compensation. It was contended that the claimant was only entitled to the loss of estate. The Tribunal after considering the oral and documentary evidence held that the claimant is entitled to compensation and determined the same by treating the income of the deceased at a sum of Rs.4,000.00p.m. and deducted 50% towards his personal expenses and awarded the following compensation:

(3.) The Tribunal directed the insurer to pay the compensation along with interest at the rate of 9% p.a. from the date of petition till the date of realization.