UNITED INDIA INSURANCE COMPANY LIMITED Vs. MOHINDER KAUR

JUDGEMENT

(1.) The appellant Insurance Company assails the orders dated 23.2.2000 passed by learned Motor Accident Claims Tribunal in S.No. 625/95 by which a compensation of Rs.6,65,000/- with interest @ 12 per cent per annum was awarded in favour of the respondents-claimants on account of the death of deceased Gurdeep Singh in a road accident on 15.4.1995. The appellant-Insurer has assailed the quantum of compensation solely on the ground that the deceased was unmarried and the respondents-claimants are his mother and younger sisters and brother but the learned Tribunal has awarded compensation to them without taking into consideration that the deceased was likely to get married and thereafter the financial support to the respondents-claimants was likely to be reduced to a considerable extent.

(2.) The facts relevant for the disposal of this appeal, briefly stated, are that the respondents-claimants, the mother and younger sisters and brother of deceased Gurdeep Singh, had filed a petition for compensation alleging that on 15.4.1995 the deceased Gurdeep Singh sustained fatal injuries while going on a Scooter when he was hit by a Truck No. DHL-3357 which was being driven in a rash and negligent- manner by respondent No.5. Respondent No.6 was the owner of offending vehicle. According to the respondents-claimants, the appellant was the insurer of the offending vehicle which fact is not disputed. The respondents-claimants alleged that at the time of his death the age of the deceased was about 29/30 years and he was getting a salary of Rs.4000/- per month. The age of the mother of the deceased, respondent No.1 was about 50 years and respondents No.2,3 and 4 were his younger sisters and brother. According to them had the deceased not died in the accident in question he would have lived upto the age of 80 years and supported them for atleast 40 years. According to them his income would have gone upto Rs.30,000/- per month by the time he had reached the age of 70 years. They, therefore, claimed compensation @ Rs-4000/- per month for the period of 10 years amounting to Rs.4,80,000/-, Rs.2 lakhs which the deceased would have contributed towards the marriage expenses of his sisters, a sum of Rs .1,20,000/- on account of mental pain and agony on account of death of the deceased, a sum of Rs.50,000/ on account of shortening of expectation of life, a sum of Rs.20,000/- for loss of Scooter and a sum of Rs.40,000/- towards medical expenses incurred between the date of the accident and the date of the death of the deceased.

(3.) The learned MACT while deciding issue No.3 in regard to the amount of compensation payable to the respondents-claimants came to the conclusion that at the time of his death the age of the deceased was about 30 years and his income was Rs.4300/- per month. Holding that the job of the deceased was not stable in nature, as it was a private firm, the Tribunal came to the conclusion that the deceased could be expected to get a rise upto Rs.5000/- per month in the near future. After deducting 1/3 towards the personal expenses the dependency of the respondents-claimants on the deceased was taken at Rs.40,000/- per annum. In view of a age of the respondent No.1, mother, a multiplier of 15 was applied and a sum of Rs.6 lakhs was held to be payable to the respondents/claimants as compensation on account of financial loss due to the death of the deceased. A sum of Rs.10,000/-- was awarded for mental pain and agony and a sum of Rs.5,000/- on account of funeral expenses and loss of estate. A sum of Rs.30,000/- was awarded on account of the medical expenses incurred towards the treatment of the deceased and a sum of Rs.20,000/- was awarded towards damages to his Scooter. Thus a sum of Rs.6,65,000/- was held payable to respondents claimants as compensation on account of the death of deceased.