NATIONAL INSURANCE COMPANY Vs. RAJNI AND ORS.

JUDGEMENT

(1.) THE appeal is against judgment dated 26.07.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.35,43,800/ - was awarded in favour of Respondents no.1 to 4 for the death of Sandeep Yadav, who died in a motor vehicular accident which occurred on 15.07.2007.

(2.) DURING inquiry, the Claims Tribunal found that the accident in question occurred on account of composite negligence of TSR no. DL -1RG -2138 and DTC bus no.DL -1PB -7341. The Claims Tribunal found that deceased Sandeep Yadav was getting a salary of Rs.15,242/ - per month and was in permanent employment of Employees State Insurance Corporation(ESIC) . The Claims Tribunal therefore, made addition of 50% towards future prospects, deducted 1/4th towards personal and living expenses, and applied a multiplier of 17 as per the age of the deceased to compute the loss of dependency as Rs.35,08,800/ -. The Claims Tribunal further awarded certain amount towards non -pecuniary damages to compute the overall compensation as Rs.35,43,800/ -.

(3.) ON the other hand, the learned counsel for the Respondents supports the impugned judgment.