NATIONAL INSURANCE CO LTD Vs. KAKU DEVI

JUDGEMENT

(1.) THE Appellant National Insurance Company Limited impugns the judgment dated 18.02.2009 passed by the Motor Accident Claims Tribunal (THE Tribunal) whereby the compensation of Rs. 7,61,000/- was awarded for the death of Babu Lal, who was aged about 30 years on the date of the accident.

(2.) THE Petition was filed under Section 163-A of the Motor Vehicles Act (the Act) for grant of compensation on the basis of structured formula as given in the second Schedule to the Act. THE Tribunal relied on Ved Prakash & Ors. v. Gurmit Singh & Ors., 1992 ACJ 1147 and deducted one-third of the deceased's income to assess the loss of dependency.

(3.) IN Deepal Girishbhai Soni & Ors. v. United INdia INsurance Co. Limited, Baroda, AIR 2004 SC 2107, it was held as under:-