NATIONAL INSURANCE CO. LTD. Vs. DILWAR AND ORS.

JUDGEMENT

(1.) Balram, a bachelor, then aged 23 years, earning his livelihood as manual labourer, engaged on truck bearing registration no. HR 38 9324 (the truck) for loading cargo (stones), died on account of injuries suffered on 30.07.2005, when the truck driven by the third respondent (the driver) turned turtle due to negligence on the part of the latter. The accident claim case (suit 291/2009), instituted on 27.09.2005 by his minor junior siblings dependent on him, they being first and second respondents in the appeal (collectively, the claimants), resulted in inquiry leading to the judgment dated 05.02.2011 whereby compensation in the total sum of Rs. 7,12,792/- was awarded and the liability was fastened on the appellant (insurer) to pay the same with interest @ 7.5% per annum, it being the insurer of the truck against third party risk for the period in question.

(2.) The appeal is pressed by the insurer only to submit that it being a case of a bachelor's death, as per the ruling in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, 50% should have been deducted towards personal & living expenses. This plea must be accepted. The loss of dependency on the notional income of Rs. 4568/- is thus recomputed as (4568 ' 2 x 12 x 18) Rs. 4,93,344/-, rounded off to Rs. 4,94,000/-.

(3.) It is, however, noted that the tribunal has awarded Rs. 40,000/- towards loss of love & affection and Rs. 15,000/- towards funeral expenses, there being no award under the head of loss of estate. Following the rulings in Rajesh & Ors. v. Rajbir Singh & Ors., (2013) 9 SCC 54 and Shashikala v. Gangalakshmamma (2015) 9 SCC 150, compensation in the sum of Rs. 1,00,000/- on account of loss of love & affection and Rs. 25,000/- each towards loss of estate and funeral expenses are added.