ORIENTAL INSURANCE COMPANY LTD Vs. JAYAWATI & ORS

JUDGEMENT

(1.) The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.7,64,121/- has been awarded to respondents No.1 and 2.

(2.) The accident dated 08th March, 2010 resulted in the death of Rahul Kumar. The deceased was aged 23 years at the time of accident and was survived by his parents who filed the claim petition. The deceased was working as a driver earning Rs.8,000/- per month. The employer of the deceased appeared in the witness box as PW-2 to prove the occupation and income of the deceased. However, the Claims Tribunal took the minimum wages of Rs.6,448/- per month and added 30% towards future prospects, deducted 50% towards personal expenses of deceased and applied multiplier of 14 to compute the loss of dependency as Rs.7,04,121/-. The Claims Tribunal awarded Rs.25,000/- towards love and affection, Rs.10,000/- towards loss of estate and Rs.25,000/- towards funeral expenses. The total compensation awarded by Claims Tribunal is Rs.7,64,121/-.

(3.) Learned counsel for the appellant urged at the time of hearing of the appeal that respondent No.7 insured the offending vehicle for the period of 12th February, 2010 to 11th February, 2011. However, appellant was not liable as the cheque towards the premium of the policy was dishonoured on 16th February, 2010 whereupon appellant cancelled the policy vide endorsement dated 20th February, 2010 and intimated respondent No.7 as well as RTO.