NEW INDIA INS CO LTD Vs. BIMLESH

JUDGEMENT

(1.) THE appeal is directed against the judgment dated 14.10.2013 passed by the Motor Accident Claims Tribunal (Claims Tribunal), whereby compensation of Rs.18,42,408/ - was awarded for the death of Ved Ram who suffered fatal injuries in a motor vehicle accident which occurred on 09.10.2012.

(2.) DURING enquiry before the Claims Tribunal, it was claimed that deceased Ved Ram used to carry out the job of cleaning at the house of Mr. Yashwant Sinha, former Union Minister and was also running a food stall. He was drawing a salary of Rs.6,000/ - from Mr. Yashwant Sinha for part time job and earning another Rs.15,000/ - from his employment by running the stall. The Claims Tribunal in the absence of any evidence with regard to the deceased's income took minimum wages of an unskilled worker, added 50% towards the future prospects, deducted 1/5th towards personal and living expenses, applied the multiplier of 16 (as per the age of the deceased) to compute the loss of dependency as Rs.16,17,408/ -. The Claims Tribunal further awarded certain amounts towards non -pecuniary damages to award the overall compensation of Rs.18,42,408/ -.

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