RELIANCE GENERAL INSURANCE CO LTD Vs. HAVANTI DEVI

JUDGEMENT

(1.) THE Appellant Reliance General Insurance Co. Ltd. impugns a judgment dated 21.07.2010 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a compensation of Rs.11,13,000/- was awarded for the death of Ram Chander Manjhi who died in a motor accident which occurred on 09.10.2008.

(2.) ON appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of Tata Tempo No.DL-1LG-4021. It was claimed that the deceased was employed in a private company and was earning a salary of Rs.6,500/-. In the absence of any cogent evidence to prove the deceased's employment and his salary, the Claims Tribunal took the minimum wages of a matriculate, added 50% towards inflation, deducted 1/5th towards personal and living expenses and applied a multiplier of 15 relevant to the age of the deceased to compute the loss of dependency as Rs.9,08,000/-. On addition of compensation towards pecuniary and non- pecuniary heads, an overall compensation of Rs.10,63,000/- was awarded.

(3.) IT is true that the Petitioner (wife of the deceased) was not an eye witness of the accident. The Respondents No.8 and 9 (the driver and the owner) denied the averments of rash and negligent driving on the part of Eighth Respondent by way of filing of the written statement. They preferred not to contest the proceedings after filing of the written statement and were proceeded ex parte. The Eighth Respondent preferred not to appear in the witness box to controvert the averments of rash and negligent driving.