ORIENTAL INSURANCE CO LTD Vs. BALWINDER KAUR

JUDGEMENT

(1.) Manjeet Singh, aged 47 years, working as Head Granthi in Gurudwara at Keshavpuram, New Delhi died as a result of the injuries suffered in a Motor Vehicular accident that occurred at about 8.30 pm on 14.10.2005 near Mukarba Chowk involving Truck bearing No.UP -30A -5782 (offending vehicle), concededly insured against third party risk with the appellant Insurance Company for the period in question. Members of his family, dependants, the first to sixth respondents herein (collectively, the claimants) filed a claim petition under Sections 166 and 140 of Motor Vehicle Act, 1988 (MV Act) before the Motor Accident Claims Tribunal (Tribunal) on 20.10.2005, when it was registered as claim petition No.230/2006. The seventh and eight respondents herein were impleaded as party respondents in the said claim case on the averments that they are driver and owner respectively of the offending vehicle. The appellant Insurance Company was shown in the array as the third respondent before the tribunal.

(2.) After inquiry the tribunal passed judgment dated 10.12.2008 holding the driver and owner to be liable to pay compensation and the Insurance Company liable to indemnify. The tribunal, however, directed the insurance company to pay Rs. 900/ - per month to each of the claimants from the date of filing of the claim petition and to increase the compensation by 25% every five years. The said directions were challenged by the Insurance Company by MAC APPL. No. 364/2009 which was allowed by this Court by judgment dated 13.05.2010. In the wake of the directions given by this Court in the said judgment, the Tribunal passed a fresh order on 17.07.2010 awarding lumpsum compensation in the sum of Rs.8,90,068/ - with interest at 7.5% for the period of delay. It was observed that Rs.53,000/ - had already been paid as interim compensation and therefore, the said amount was directed by Tribunal to be adjusted.

(3.) In the impugned judgment, the Tribunal calculated the loss of dependency at Rs.8,40,060/ -, on the basis of multiplier of thirteen (13) and assuming the income of the deceased at Rs.5,385/ - (rounded off), taking the finding to such effect as earlier recorded in the judgment dated 10.12.2008 to have attained finality. It is noted that, in the earlier judgment, the Tribunal had adopted Rs.3,589/90 as income of the deceased on the basis of minimum wages payable to a worker as on 01.08.2005, upon which 50% was added on account of increase in future prospects and the income was taken as Rs.5,384/85. The Tribunal in the judgment dated 17.07.2010 also observed that no deduction in respect of personal living expenses of the deceased is to be made.