NATIONAL INSURANCE CO. LTD Vs. KOMAL

JUDGEMENT

(1.) The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs. 5,84,000/- has been awarded to claimants/respondents No.1 to 4. The appellant seeks reduction of the award amount.

(2.) The accident dated 4 th July, 2005 resulted in the death of Amit Dhingra. The deceased was survived by his widow, two minor children and father who filed the claim petition before the Claims Tribunal. The deceased was aged 23 years at the time of the accident and was running a tent house business. In the absence of documentary proof of income, the Claims Tribunal assumed the income of the deceased to be Rs. 5,000/- per month, deducted 1/3 rd towards his personal expenses and applied the multiplier of 17 to compute the loss of dependency at Rs. 6,80,000/-. The Claims Tribunal deducted 20% towards the contributory negligence. The Claims Tribunal further awarded Rs. 10,000/- towards the funeral expenses, Rs. 10,000/- towards transportation of dead body, Rs. 10,000/- towards loss of estate and Rs. 10,000/- towards loss of consortium. The total compensation awarded is Rs. 5,84,000/-.

(3.) The learned counsel for the appellant has urged following grounds at the time of hearing of this appeal:-