NEW INDIA ASSURANCE COMPANY LTD Vs. MOHD AZAZ

JUDGEMENT

(1.) These are cross-objections to the MAC. APP. No.525/2009 filed by the New India Assurance Co. Ltd. The main appeal bearing MAC. APP. No.525/2009 was dismissed as withdrawn by an order dated 16.11.2010. The cross-objections are now being decided by this judgment.

(2.) A petition under Section 163(A) of the Motor Vehicles Act (the Act) was preferred by the Respondents (hereinafter referred to as Claimants) claiming a compensation of Rs. 10,00,000/- for the death of their son Shehzad, who was aged 23 years at the time of accident.

(3.) Since, the petition was under Section 163(A) of the Act the Claimants were not required to prove the negligence on the part of the driver of the offending vehicle. The Tribunal took the deceased's annual income to be Rs. 40,000/-, deducted 50% towards personal living expenses of the deceased, applied a multiplier of '13' to reach the loss of dependency as Rs. 2,60,000/-. The Tribunal further awarded conventional sum of Rs. 10,000/- towards loss of estate, Rs. 10,000/- towards funeral expenses and Rs. 20,000/- for loss of love and affection.