NATIONAL INSURANCE CO LTD Vs. RAJENDER KUMAR

JUDGEMENT

(1.) THE present appeal is preferred against the award dated 18. 8. 2007 of the Motor Accidents Claims tribunal.

(2.) ON 28. 2. 2005, Rajender Kumar was walking near G. T. Karnal Road bypass. At about 6 a. m. , an RTV bearing registration no. DL 1v-A 5294 being driven in a rash and negligent manner hit Rajender Kumar and as a result he fell down and became unconscious. He was taken to the hospital from the accident site, where he was declared as 'brought dead'. A claim petition was filed on 30. 11. 2005 and award was passed on the said claim on 18. 8. 2007. Aggrieved with the said award, present appeal is preferred by the appellant insurance company.

(3.) THE appellant in the present case has taken over the defence of the owner and driver of the offending vehicle as envisaged under section 170 of Motor Vehicles act, 1988. The challenge to the impugned award is on the ground that the Tribunal has wrongly taken into consideration the income of the deceased boy on notional basis. The second contention raised by the counsel for appellant is that dependency on the unmarried boy should have been taken 1/3rd instead of 2/3rd or at the most half. The third contention raised by counsel for the appellant is that wrong multiplier of 15 has been applied and excessive amount of Rs. 15,000 has been awarded towards funeral expenses has also been challenged.