NATIONAL INSURANCE COMPANY LTD. Vs. KAILASH DEVI

JUDGEMENT

(1.) The present appeal preferred under Sec. 173 of The Motor Vehicles Act, 1988, arises out of the award dated 2nd March, 2006 of the Motor Accident Claims Tribunal, whereby the Tribunal awarded a sum of Rs. 7,74,000.00 along with interest @ 8% per annum to the appellant from the date of filing of the petition.

(2.) The brief facts of the present case for better appreciation of the matter are that the deceased Sh. Satyavir, aged 36 years along with Sh. Ram Karan was going to his house at Jhajjar from Rama Vihar via Karala Road on a scooter bearing registration No. HR 4A 7566 on 27/9/2001. At 7:00 pm on reaching Manjari Karala Road, the said scooter was hit by a tanker bearing registration No. HR 3B 3788, from behind and as a result of this both of them received injuries and were taken to the hospital, where Sh. Satyavir succumbed to his injuries on 3rd Oct., 2001. On 6th Oct. 2004, the Tribunal allowed the application filed by the Insurance Company under Sec. 170 of the Motor Vehicles Act, 1988. On 20th Nov. 2004 the claims petition was filed before the Tribunal and award was passed on 2nd March 2006 by the learned Tribunal. Respondents i.e. driver and owner were proceeded ex-parte by the learned tribunal on account of non-appearance. For the purpose of computation of compensation towards loss of dependency, income of the deceased was taken as that of a matriculate as prevalent on the date of the death of the deceased under the Minimum Wages Act 'in the absence of any cogent evidence being brought and duly proved on record regarding income, which he was earning prior to his death. The learned tribunal applied multiplier of 17; calculated dependency at 3/4th and considered future prospects of increase in the income while calculating the quantum of compensation. The tribunal awarded a total sum of Rs. 7,74,000 @ 8% p.a.; out of which Rs. 7,14,000 were awarded towards pecuniary damages and remaining sum towards non-pecuniary damages. Aggrieved with the award passed by the learned tribunal, the appellant insurance company has assailed the award and has preferred the present appeal under Sec. 173 of The Motor Vehicles Act, 1988.

(3.) Sh. L.K. Tyagi, Counsel for the appellant has assailed the impugned award on five grounds. Firstly, it was contended that the tribunal has erroneously considered the future prospects of the income of the deceased to the extent of double and has taken his average income at Rs. 4,650 pm when no cogent evidence on record has been placed in this regard. Secondly, it has been submitted by the counsel that the tribunal has taken dependency at 3/4th in place of ⅔rd. Thirdly, the counsel urged that the multiplier of 17 applied by the tribunal is on the higher side. Fourthly, the counsel asserted that the rate of interest allowed by the tribunal is on the higher side and should have been at 5% per annum in place of 8% per annum. Finally, the counsel maintained that the Tribunal erred while awarding Rs. 40,000 on account of general damages, which is on a higher side as compared to the amount allowed in the second schedule of the Motor Vehicles Act, 1988 on account of general damages, which should have been Rs. 9,500.00.