NEW INDIA ASSURANCE COMPANY LTD Vs. SWATI THAKUR

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited takes exception to a judgment dated 19.04.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.13,52,660/- was awarded in favour of the Respondents (Swati Thakur, Ram Dhin and Bindu Thakur) for the death of Ravi Thakur who died in a motor vehicle accident which occurred on 22.03.2007.

(2.) ON appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of truck No.HR-38H-3591 by Respondent Farmanul Huq. The Claims Tribunal held the deceased's income to be Rs.6,000/- per month; added 50% on account of future prospects; considering the number of dependents to be 2 deducted one-third towards personal and living expenses and applied the multiplier of Rs.18' as per the deceased's age.

(3.) WHILE dealing with the issue of negligence, the Claims Tribunal held as under:-