NATIONAL INSURANCE CO. LTD Vs. MANJU BANSAL

JUDGEMENT

(1.) THE Appellant National Insurance Co. Ltd. takes exception to the judgment dated 01.05.2004 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs.2,45,000/ - for the death of Sushil Kumar Bansal, the Appellant's plea of limited liability to the extent of Rs.50,000/ - in terms of contract of insurance between the Appellant and the insured i.e. Respondent No.5 owner of TSR No. DER 9685 was rejected. The Appellant Insurance Company was directed to pay the entire compensation of Rs.2,45,000/ - as awarded by the Claims Tribunal. MAC. APP. No.193/2012 are the Cross -Objections filed by the Respondents No.1 to 3 for enhancement of compensation on the ground that the deceased's income was considered to be Rs.1,200/ - per month as against the claim of Rs.2,000/ - per month and appropriate future prospects were not granted. It was averred that the income should have been doubled considering the future prospects of the deceased who was a hard working young person aged 33 years.

(2.) ON appreciation of evidence, the Claims Tribunal found that on 02.12.1985 at about 6:00 pm while the deceased was crossing the road from Bhagat Singh College Marg to DTC Depot Kalkaji, he was hit by a TSR No. DER 9685 which was driven by Gajender Singh (the Fourth Respondent) in a rash and negligent manner. It was claimed that the deceased was employed in National Investment and Finance (Industrial and Financial weekly) on a monthly salary of Rs.720/ -. He had another income of about Rs.1,200/ - for his work as a Sub -Broker, dealing in stationery and as a part time typist. On appreciation of the evidence, the Claims Tribunal found that in addition to the salary of Rs.720/ - per month, the deceased had an income of Rs.450/ - to 500/ - per month from his part time work of a share broker and dealing in stationery. Thus, the Claims Tribunal took the deceased's income to be Rs.1,200/ - per month, added 50% towards future prospects, deducted 1/3rd towards personal and living expenses, applied a multiplier of '17' to compute the loss of dependency. The Claims Tribunal added a sum of Rs.15,000/ - towards non -pecuniary damages to award an overall compensation of Rs.2,45,000/ -.

(3.) FOR the sake of convenience, National Insurance Co. Ltd. (Appellant in MAC. APP. No.367/2004) shall be referred to as the Appellant and Cross -Objectionists as the Claimants.