ORIENTAL INSURANCE CO. LTD Vs. USHA

JUDGEMENT

(1.) THIS Appeal arises out of a claim Petition MACT Suit No.121/2009 preferred under Section 163-A of the Motor Vehicles Act which was allowed by a judgment dated 11.01.2010. A compensation of Rs. 8,10,400/- along with interest @ 7.5% was awarded for the death of one Anil Kumar Mishra who was aged 38 years at the time of the accident.

(2.) THE contentions raised on behalf of the Appellant Oriental Insurance Co. Ltd. are as under:

(3.) THE deceased's income was accepted as Rs. 3,300/- after deducting 1/3rd towards the personal living expenses and applying the multiplier of 16 according to the deceased's age, loss of dependency comes to Rs. 4,22,400/-. THE Respondents No.1 to 7 were entitled to a sum of Rs. 9,500/- towards non-pecuniary damages as per the Second Schedule. THE Tribunal fell into error in adding future prospects and awarding compensation beyond the Second Schedule under non-pecuniary heads.