RAMESH KUMAR CHAWLA Vs. RITA BEDI

JUDGEMENT

(1.) By this judgment I shall dispose of these two appeals being F.A.O. Nos.171 of 1989 and 194 of 1989.

(2.) In appeal No.171 of 1989 the appellant Nos.1 and 2, who are owners of the truck have assailed the order of the Tribunal dated 16th March, 1989 on the ground that the Tribunal wrongly came to the conclusion that the accident took place due to negligence of the truck driver. The award is also assailed on the ground that the Tribunal wrongly calculated the compensation payable in this case as Rs.4,15,000/- as the Tribunal wrongly applied multiplier of 27.

(3.) Appeal No.194 of 1989 has been filed by the claimants that the Tribunal awarded low compensation and did not take into account the right income of the deceased and the Tribunal wrongfully deducted 20 per cent amount due to uncertainty of life. It is also urged that the Tribunal gravely erred in coming to conclusion that the liability of insurance company was limited to Rs.1,50,000/-. The Tribunal failed to appreciate the proposal form filed by respondent No.4, that is, insurance company in proper perspective and in context of tariff. There was no evidence to show that liability of insurance company was limited to Rs.1,50,000/- only.