ORIENTAL INSURANCE COMPANY LTD Vs. MOHD IDRISH

JUDGEMENT

(1.) THE Appellant Oriental Insurance Company Limited has filed the present appeal against the judgment dated 30.11.2013 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs. 6,22,248/ - was awarded in favour of Respondents no.1 and 2 for the death of their bachelor son Late Shri Mohd. Mustafa @ Mustaq, who suffered fatal injuries in a motor vehicular accident which occurred on 23.07.2007.

(2.) ON appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of the Tempo TATA 407 bearing Registration no.DL -1L -A -7129 by its driver Respondent no.3. Further, the Claims Tribunal took minimum wages of an unskilled worker on the date of the accident, added 50% towards future prospects, deducted 1/2 towards personal and living expenses and applied the multiplier of 18 (as per the age of the deceased) to compute the loss of dependency at Rs. 5,62,248/ -.

(3.) IN addition, the Claims Tribunal awarded Rs. 25,000/ - towards funeral expenses, Rs. 10,000/ - towards loss to estate and Rs. 25,000/ - towards loss of love and affection to compute the overall compensation of Rs. 6,22,248/ -. The same was to be paid by the Appellant Insurance Company and it was granted the right to recover the amount paid from Respondent no.4 (insured) as Respondent no.3's Driving License was found to be fake and Respondent no.4 had failed to enter the witness box and explain the circumstances under which he had employed Respondent no.3.