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

JUDGEMENT

(1.) Vinod Yadav, 30 years old at that time, suffered death due to injuries inflicted upon him in a motor vehicular accident that occurred on 27.01.2013 in District Bikaner, Rajasthan due to rash driving of bus bearing registration No.RJ-07PA-4841 (the bus) admittedly insured against third party risk with the appellant insurance company (the insurer). His wife and other members of the family dependant upon him (they being appellants in MAC APP.632/2016, the claimants) instituted accident claim case (Petition No. 341/2013) on 20.11.2013 seeking compensation. The Motor Accident Claims Tribunal (the tribunal), after inquiry, upheld the claim on the principle of fault liability and awarded compensation which was calculated in the total sum of Rs. 32,40,600/- in the following manner:- <FRM>JUDGEMENT_256_LAWS(DLH)7_2017_1.html</FRM>

(2.) In calculating the loss of dependency, the tribunal took income of the deceased of the deceased at Rs. 12,000/-, added 50% towards future prospects of increase, made deduction of one-fourth towards personal and living expenses, and applied the multiplier of 16.

(3.) The insurer, on which the liability to pay compensation has been fastened, has come up questioning the above mentioned computation of loss of dependency on the ground that there was no basis to the assumption that the income was Rs. 12,000/- per month, the evidence of Ashish Kohli (PW-2) produced by the claimants having been disbelieved. The insurer also questions the addition of the element of future prospects.