NATIONAL INSURANCE CO LTD Vs. AASMA PRAVEEN

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of RS.5,20,000/- awarded in a petition under Section 163-A for the death of Hidayat Khan, who expired in an accident arising out of the use of the motor vehicle i.e. maruti van bearing registration No.DL- 5CC 5540.

(2.) THERE is twin challenge to the compensation awarded. It is urged that the deceased was working as a driver of maruti van with the owner. The salary of a skilled worker on the date of the accident was RS.2,948/-. Thus, the deceased's income ought to have been taken as RS.3,000/- per month i.e. RS.36,000/- per annum instead of RS.40,000/- per annum taken by the Claims Tribunal. It is contended that the award of non-pecuniary damages to the tune of RS.40,000/- is not in consonance with the Second Schedule which prescribes a sum of RS.9,500/- in all towards non-pecuniary damages in case of the death of a married person.

(3.) THE compensation, therefore, stands reduced from RS.5,20,000/- to RS.4,89,500/-.