NEW INDIA ASSURANCE CO LTD Vs. BABY PANDEY

JUDGEMENT

(1.) THESE two Appeals (MAC. APP.569/2011 and MAC. APP.287/2011) arise out of a judgment dated 20.11.2010 (corrected by an order dated 24.01.2011) passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a compensation of Rs.10,97,975/- was awarded for the death of Suresh Kumar Pandey who died in a motor vehicle accident which occurred on 31.05.2006.

(2.) ON appreciation of evidence, the Claims Tribunal while relying on Union of India v. Rajo and Others, 116 (2005) DLT 226, N.K.V. Bros (P) Ltd. v. M. Karumai Ammal & Ors.,(1980) 3 SCC 457 and Basant Kaur and Others v. Chatarpal Singh and Others, 2003 ACJ 369 opined that the accident was caused on account of rash and negligent driving of truck No.HR.38A-4881 by the Respondent No.4 Pawan Kumar. It was held that the deceased was employed as an Assistant Personnel with M/s. Workplace Management and Consultant Pvt. Ltd. and was getting a salary of Rs.8,000/- per month. The Claims Tribunal deducted 1/3rd towards personal and living expenses, applied a multiplier of 16 (as the deceased was aged 32 years) to compute the loss of dependency.

(3.) THE following contentions are raised on behalf of the Appellant: