NEW INDIA ASSURANCE CO LTD Vs. SHANTI

JUDGEMENT

(1.) THE Appellant New India Assurance Co. Ltd. impugns the judgment dated 17.08.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.2,85,955.75P was awarded to Respondents no.1 and 2 for death of Shri Tilak Raj, who suffered fatal injuries in a motor vehicular accident which occurred on 26.06.2006.

(2.) THERE is twin challenge to the impugned judgment. First, that there was no negligence on the part of the tractor driver, i.e., driver of the vehicle insured with the Appellant. Deceased Tilak Raj himself was to be blamed for the unfortunate accident and thus the owner of the vehicle was not liable to pay any compensation. Consequently there was no liability of the Appellant to indemnify the insured. Second, that the Claims Tribunal added 50% to the minimum wages taken by it as future prospects for computing the loss of dependency. However, since decesed Tilak Raj was not having a permanent job, the Claims Tribunal ought not to have added anything towards future prospects.

(3.) THE manner of the accident has been described in para 1 of the impugned judgment, which is extracted hereunder: