NEW INDIA ASSURANCE CO. LTD. Vs. GEETA

JUDGEMENT

(1.) The Appellant New India Assurance Company Limited takes exceptions to the judgment dated 31.07.2004 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs. 1,75,000/- for the death of Indeshwar Rai, the Appellant's plea of limited liability of Rs. 50,000/- in terms of the policy was rejected. The Appellant was directed to pay the entire compensation of Rs. 1,75,000/- as awarded by the Claims Tribunal.

(2.) On 07.10.1988 at about 11:00 A.M. the deceased and one Surender (PW-2) were proceeding on their respective bicycles towards Nehru Place. The deceased was run over by a speeding bus No.DEP-7259 driven by the Fourth Respondent (Ved Prakash).

(3.) During inquiry before the Claims Tribunal, it was claimed that the deceased was working as a mason with M/s. S.Tirath Singh Engineers and was getting a salary of Rs. 1500/- per month. The Claims Tribunal assessed the deceased's income to be Rs. 1125/- per month and computed the loss of dependency as Rs. 1,62,000/-. On adding a sum of Rs. 13,000/- towards non-pecuniary heads, the overall compensation of Rs. 1,75,000/- was awarded.