ORIENTAL INSURANCE CO LTD Vs. MANURA & ORS

JUDGEMENT

(1.) The appeal is directed against the judgment dated 11.03.2014 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby compensation of Rs.9,94,456/- was awarded in favour of Respondents no.1 to 4 for the death of Surju @ Subhan who died in a motor vehicular accident which occurred on 03.12.2007.

(2.) During inquiry before the Claims Tribunal, it was claimed that the deceased was working as a cook in a hotel at Bhogal and was earning Rs.8,000/- to Rs.10,000/- per month. On appreciation of evidence, the Claims Tribunal found that the accident was caused because of rash and negligent driving of bus no.DL-1PA-2917 by its driver. In the absence of any proof with regard to the deceased's income, the Claims Tribunal took the minimum wages of an unskilled worker, deducted 1/4th towards personal and living expenses and applied the multiplier of 16 to compute the loss of dependency. The Claims Tribunal further awarded a sum of Rs.1,00,000/- each towards loss of love and affection and loss of consortium, Rs.25,000/- towards funeral expenses and Rs.10,000/- towards loss to estate.

(3.) It is urged by the learned counsel for the Appellant that the claimants have failed to prove negligence on the part of the driver of the offending bus and thus, liability was wrongly fastened upon the owner of the bus and consequently upon the Appellant Insurance Company. It is stated that although in the absence of any evidence with regard to the deceased's income, the Claims Tribunal took minimum wages, yet addition of 50% towards future prospects without any evidence for the same was not permissible. Reliance is placed upon a three Judge Bench decision of the Supreme Court in Reshma Kumari & Ors. v. Madan Mohan & Anr., 2013 9 SCC 65 and a judgment of this Court in HDFC Ergo General Insurance Co. Ltd. v. Smt. Lalta Devi and Ors. MAC APP No. 189/ 2014 decided on 12.01.2015.