RUCHIKA ARORA Vs. VINOD KUMAR

JUDGEMENT

(1.) Sumit Arora, then aged 3 months more than 35 years (born on 15.12.1977), engaged in a business of electronics, suffered injuries in a motor vehicular accident that occurred on 28.03.2013 involving negligent driving of a motor vehicle bearing registration no.DL-1VA-9723 (offending vehicle) and died in the consequence. His widow, children and widowed mother (appellant in MAC 980/2013) instituted an accident claim case (suit no.228/2013) on 26.04.2013 impleading the driver and owner of the offending vehicle as parties, in addition to National Insurance Co. Ltd. (appellant in MACA 1071/2013), it admittedly having issued an insurance policy covering third party risk for the period in question respecting the offending vehicle.

(2.) Upon inquiry, by judgment dated 16.08.2013, the Motor Accident Claims Tribunal (tribunal) upheld the case of the claimants that death had occurred due to negligent driving of the offending vehicle. This finding has since attained finality as there was no further challenge thereto.

(3.) By the aforementioned judgment, the tribunal awarded compensation in the sum of Rs.50,37,200/- with interest at the rate of 9% p.a. from the date of filing of the petition in favour of the claimants. The said award included Rs.1 Lakh each towards loss of consortium and loss of love and affection, Rs.10,000/- towards loss to estate, Rs.25,000/- towards funeral expenses, balance Rs.48,02,135/- representing the loss of dependency.