NEW INDIA ASSURANCE CO LTD Vs. NILAMBIKA

JUDGEMENT

(1.) THIS appeal is by the insurance company who by issuing a policy of insurance had agreed to indemnify the owner of motor vehicle i.e., Tata Sumo with registration No.KA-28-N-1453, against the claim for compensation arising out of use of said motor vehicle.

(2.) RESPONDENT Nos.1 to 8 being the wife, children and mother of deceased Siddaiah, filed claim petition before Motor Accidents Claims Tribunal, Gulbarga seeking compensation for the death of said Siddaiah who was working as a High School teacher and who died in an accident that occurred on 6.6.2005 at about 6.30 in the evening when said Siddaiah was proceeding as a pillion-rider of a two-wheeler bearing registration No.KA-28-L-3791, the Tata Sumo dashed against the motor-cycle and as a consequence of the ghastly accident, the bread winner of the claimants died on the spot and the dependents were deprived of his assistance.

(3.) TOWARDS funeral expenses Rs. 5,000/- Total Rs. 13,03,172/- is that the award is on the higher side, particularly under the head of loss of dependency as the deceased was a Government servant, and was clue to retire in about 3 years time from the date of the accident. 5. The grievance of the Insurance Company is that the Tribunal has failed to notice that the deceased who was aged 55 years at the time of the accident being a Government employee, would have retired at the age of 58 years i.e., within 3 years from the date of the accident; that after retirement, the income of the deceased by way of salary would have stopped and the same would have been substituted by pension which would be not more than 50% of the salary and such a situation having been examined by the Division Bench of this High Court in the case of Union of India Vs. K.S. Lakshmi Kumar reported in 2001 (1) Kar. L.J. 91, the Tribunal should have applied the ratio of this case in quantifying the possible compensation payable to the claimants; that the judgment and award of the Tribunal is vitiated for not following the ratio of this judgment.