LAWS(DLH)-2012-2-127

NATIONAL INSURANCE COMPANY Vs. BHAGWATI

Decided On February 02, 2012
NATIONAL INSURANCE COMPANY Appellant
V/S
BHAGWATI Respondents

JUDGEMENT

(1.) IN a Petition under Section 163-A of the Motor Vehicles Act filed by the Respondents No.1 to 4, compensation of Rs. 4,78,750/- was awarded. The income of the deceased Darshan Singh was alleged and accepted by the Tribunal as Rs. 39,000/- per annum. He was alleged to be 30 years old, but his age was accepted as 40 years.

(2.) THE grievance of the Appellant National Insurance Company is that in a Petition under Section 163-A, there has to be deduction of 1/3 towards personal living expenses. Grant of non- pecuniary damages is limited to Rs. 9,500/- only.

(3.) THE amount shall be released in favour of Respondents No.1 to 4 in the same proportion as awarded by the Tribunal.