NEW INDIA ASSURANCE CO LTD Vs. CHANDERKALA DEVI

JUDGEMENT

(1.) These are two cross-appeals i.e. MAC. APP. No.416/2011 filed by New India Assurance Co. Ltd. for reduction in the award amount and MAC. APP. No.575/2011 filed by Chandra Kala Devi and other legal heirs of deceased Braham Dev Paswan for enhancement of compensation. These appeals arise out of an award dated 17.03.2011 passed by the Motor Accident Claims Tribunal (the Tribunal) whereby a compensation of Rs. 5,77,162/- was awarded to the Claimants. For the sake of convenience, the Appellants in MAC. APP. No.416/2011 and the contesting Respondent in MAC. APP. No.575/2011 i.e. New India Assurance Co. Ltd. is referred as "Insurer" and the Respondents in MAC. APP. No.416/2011 and Appellants in MAC. APP. No.575/2011 are referred as "Claimants".

(2.) On 24.06.2009 at about 3:00 PM deceased Braham Dev Paswan was paddling his bicycle and proceeding towards Kanjhawala Road from his residence in Rohini. A Truck No.DL-1GB-3085 driven by its driver came from the front side and hit Braham Dev Paswan, who suffered fatal injuries. During inquiry before the Tribunal it was claimed that the deceased was working as a Book Binder and earning Rs. 11,000/- per month. In the absence of any reliable evidence as to the deceased?s income the Tribunal took the minimum wages of a semi-skilled worker for a Book Binder, added 50% rise in price index and inflation on the basis of judgment of this Court in Sajha & Ors. v. National Insurance Co. Ltd., MAC. APP. No.222/2009 decided on 19.08.2009 and computed the loss of dependency at Rs. 7,19,550/- The Tribunal further found that there was contributory negligence to the extent of 25% as the deceased himself was riding the cycle on the wrong side of the road and thus contributed to the accident. The contentions raised on behalf of the Insurer are: -

(3.) These contentions are controverted on behalf of Claimants. It is urged that there was no negligence on the part of the deceased and the Tribunal committed an error in holding that the deceased also contributed to the accident. It is contended that the deceased?s income of Rs. 11,000/- per month as claimed ought to have been believed as it was proved that the deceased was carrying papers for binding at the time of the accident.