MEENA Vs. SUBE SINGH

JUDGEMENT

(1.) These are two Cross Appeals. MAC APP. 812/2010 has been preferred by the Claimants who are the legal representatives of the deceased Balbir Singh for enhancement of compensation of Rs. 16,42,000/- awarded for his death in an accident which took place on 03.11.2008. In Cross Appeal MAC APP. 30/2011 Appellant Reliance General Insurance Company Limited disputes the Insurance Company's liability to pay the compensation as Respondent No.5 (Sube Singh, the driver) did not possess a valid and effective driving licence to drive the offending vehicle on the date of the accident and there was no permit to drive the tempo number HR-5C-8498. The Insurance Company avers that the quantum of compensation of Rs. 1,00,000/- towards the loss of love and affection was exorbitant and excessive and prays for deduction of the compensation.

(2.) For the sake of convenience Meena and Others in MAC APP. 812/2010 shall be referred to as the Claimants and the Appellant Reliance General Insurance Company Limited in MAC APP. 30/2011, who is the insurer of the offending vehicle HR-55C- 8498 shall be referred to as the Insurer and Respondents No.5 and 6, who are the driver and the owner of the offending vehicle shall be referred to as the driver and owner respectively.

(3.) While computing the loss of dependency, the Motor Accident Claims Tribunal, (the Claims Tribunal) took the deceased's salary after deducting conveyance and washing allowance as Rs. 12,964/-, added 30% towards future prospects as the deceased was in permanent employment with MES, Subrato Park, deducted 4500/- towards the family pension, deducted one- fourth towards the personal and living expenses (as per the number of dependents) and applied the multiplier of '14' to compute the loss of dependency as Rs. 15,12,000/-. The Claims Tribunal added a sum of Rs. 1,00,000/- towards the loss of love and affection to the four dependents and Rs. 10,000/- each towards the loss of consortium, loss to estate and funeral expenses to award overall compensation of Rs. 16,42,000/- with interest @ 9% per annum.