LAXMI BAI Vs. BHUSHAN SINGH

JUDGEMENT

(1.) Inadequacy of the compensation awarded by the Tribunal in respect of the demise of the breadwinner of the family of the Claimants is the subject matter of challenge in this appeal.

(2.) On the ill-fated day i.e. on 15.10.2010, the deceased was proceeding on his motorcycle when he was knocked down at about 8.20 AM by another motorcycle ridden by the 1st Respondent, owned by the 2nd Respondent and insured by the 3rd Respondent. The loss was sought to be compensated by filing claim petition by the widow, children and father of the deceased before the Tribunal. It was contended that the deceased was having a monthly income of Rs.5,000/- by virtue of the employment in a private shop. The claim was mainly resisted on quantum and negligence. Existence of valid insurance policy was admitted from the part of the insurer. On conclusion of the trial, the Tribunal, based on the materials on record, held that the accident was solely because of the negligence on the part of the 1st Respondent/rider of the offending motorcycle.

(3.) Evidence was adduced from the part of the Claimants as to the monthly income of the deceased, which was accepted by the Tribunal. Based on the entries in the postmortem report, the age of the deceased was reckoned as 45 years and in the said circumstance, appropriate multiplier was fixed as 13. After deducting 1/3rd towards the personal expenses, the loss of dependency was calculated and fixed as Rs.5,20,000/-. Awarding a sum of Rs.5,000/- towards funeral expenses, Rs.5,000/- towards loss of estate and a further sum of Rs.5,000/- towards loss of consortium, a total sum of Rs.5,35,000/- was fixed as the compensation, which was directed to be satisfied with interest at the rate of 6% per annum from the date of filing of claim application. The liability was mulcted upon the 3rd Respondent/Insurance Company on the strength of the valid insurance policy issued in this regard.