ORIENTAL INSURANCE CO. LTD. Vs. KUSUM & ORS.

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of Rs. 14,65,455/ - awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents No. 1 to 5 for the death of Vasudev who died in a motor vehicle accident, which occurred on 23.04.2011. On appreciation of evidence, the Claims Tribunal found that the deceased suffered fatal injuries on account of rash and negligent driving of a Baleno Car bearing No. DL -3C -AJ -6295 by Respondent No. 6. Respondents No. 1 to 5 claimed that the deceased was working as a labourer and was earning Rs. 8,000/ - per month.

(2.) THE Claims Tribunal in the absence of any evidence with regard to the deceased's income took the minimum wages of an unskilled worker as Rs. 6422/ -, deducted 1/4 towards loss of personal and living expenses and applied a multiplier of 15 to compute the loss of dependency as Rs. 13,00,455/ -

(3.) THE finding on negligence is not challenged by the Appellant Insurance Company.