ORIENTAL INSURANCE CO LTD Vs. ARUN BALA

JUDGEMENT

(1.) FOR the reasons as stated in the Application, the delay of 29 days in filing the Appeal is condoned. The Application is allowed. The Appellant Oriental Insurance Company Limited impugns a judgment dated 12.04.2004 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.19,95,000/- was awarded in favour of Respondents No.1 to 3 for the death of Raj Kishore Lal who died in a motor vehicle accident which occurred on 23.09.1994.

(2.) ON appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of two wheeler No.M04-8905 driven by Respondent No.6 Satpal (Respondent No.4 as per the amended memo of parties as the deceaseds parents died during the proceedings). The deceaseds salary was accepted to be Rs.12,000/- per month. ON making an addition of 50% towards future prospects, the Claims Tribunal by applying the multiplier of ,,11 computed the loss of dependency as Rs.19,80,000/-. ON adding a sum of Rs.15,000/- towards non- pecuniary heads, the overall compensation of Rs.19,95,000/- was awarded.

(3.) NONE appeared on behalf of the Respondents at the time of hearing of the Appeal.