NATIONAL INSURANCE COMPANY LTD. Vs. SHABANA AND ORS.

JUDGEMENT

(1.) The appeal is for reduction of compensation of Rs. 16,72,152/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Bhura, who suffered fatal injuries in a motor vehicular accident which occurred on 02.06.2011.

(2.) During inquiry before the Claims Tribunal, it was claimed that deceased Bhura was travelling in a Mahindra Champion bearing registration no.DL-1LL-2081 at the time of the accident and that the accident was caused on account of rash and negligent driving of a car bearing registration no.DL-8CQ-5657 driven by Kamal Chaurasiya. The car was owned by Roop Ahuja and was insured with National Insurance Company Limited, the Appellant herein.

(3.) On appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of the earlier said car driver. The income of the deceased was claimed to be Rs. 400/- to Rs. 500/- per day from the job of selling vegetables. However, in the absence of any cogent proof with regard to the deceased's income, the Claims Tribunal took the minimum wages of an unskilled worker as Rs. 6422/- per month, on the basis of the three Judge Bench decision in Rajesh & Ors. v. Rajbir Singh & Ors., 2013 9 SCC 54 added 50% towards future prospects, deducted 1/5th towards personal and living expenses and applied a multiplier of 15 to compute the loss of dependency at Rs. 13,87,152/-.