NEW INDIA ASSURANCE CO LTD Vs. NASIMA KHATOON

JUDGEMENT

(1.) THE Appellant New India Assurance Co. Ltd. seeks reduction of compensation of Rs. 6,26,000/- awarded for the death of Sajlul Rehman who died in an accident which took place on 05.01.2008.

(2.) THE Claims tribunal by the impugned order took the deceased's income to be Rs. 4,000/-, deducted 1/5th towards his personal and living expenses, adopted the multiplier of 15 suitable to the deceased's age, added a sum of Rs. 10,000/- each towards funeral expenses and loss of consortium, Rs. 30,000/- towards loss of love and affection to compute an overall compensation of Rs. 6,26,000/-.

(3.) AS far as plea of gratuitous passenger is concerned, it would be important to have a look at the pleadings of the parties. In para 5 of the Claims Petition, it was stated that the deceased was an employee of Gateway Rail Freight Ltd., Inland Container, Shri Maruti Nagar, Gurgaon. It is mentioned that he was working as a driver. In para 24 of the Petition, it was stated that on 05.01.2008, the deceased was travelling in the offending vehicle after finishing his duty with the Sixth Respondent (i.e. the owner of the vehicle). The offending vehicle No. HR-55G- 1862 was being driven at a high speed in rash and negligent manner by the Fifth Respondent. On account of a sudden jerk, the deceased fell down from the window of the offending vehicle. Para 1 to 7 of the Claim Petition were not denied by the Fifth Respondent (Respondent No.1 before the Claims Tribunal) who was the driver of the offending vehicle. The manner of the accident was also not traversed, although the Fifth Respondent took the plea that the accident was caused on account of the deceased's own negligence.