ORIENTAL INSURANCE COMPANY LTD. Vs. SUDA AND ORS.

JUDGEMENT

(1.) THE appeal is for reduction of compensation of Rs. 16,01,680/ - awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents no.1 to 3 for the death of Balendra, who suffered fatal injuries in a motor vehicular accident which occurred on 21.05.2013.

(2.) DURING inquiry before the Claims Tribunal, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of the motorcycle bearing registration no.UP - 50W -7145 by its driver -cum -owner Abhijeet Singh (Respondent no.4 herein). It was claimed that the deceased was running a shop and was earning Rs. 45,000/ - per month. In the absence of any evidence with regard to the deceased's income, the Claims Tribunal took minimum wages of a Matriculate (as per the deceased's qualification), added 30% towards future prospects (age being 42 years), deducted 1/3rd towards personal and living expenses and applied a multiplier of 14 to compute the loss of dependency at Rs. 13,66,680/ -. The Claims Tribunal further awarded a sum of Rs. 2,35,000/ - towards non -pecuniary damages to compute the overall compensation of Rs. 16,01,680/ -.

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