ORIENTAL INSURANCE CO LTD Vs. USHA & ORS

JUDGEMENT

(1.) An accident claim case (MACT No.723/07) was instituted on 02.08.2007, by the first to sixth respondents (collectively the claimants), seeking compensation on account of death of Rajbir Kaushik, in a motor vehicular accident that took place on 11.06.2007, due to negligent driving of motor vehicle described as Tata 407 bearing registration No.DL-1LB-0942, admittedly insured against third party risk for the period in question with the appellant (insurer).

(2.) The tribunal after inquiry, by judgment dated 09.11.2012, accepted the aforesaid case under Section 166 of the Motor Vehicles Act, 1988 and awarded compensation in the total sum of Rs.7,33,035/- The said amount inclusive of Rs.5,53,035/- towards loss of dependency, Rs.10,000/- each for funeral charges, loss of estate and loss of consortium, Rs.1,00,000/- towards loss of love, company and affection and Rs.50,000/- for gratuitous services. The liability to pay the said amount, after deducting interim compensation (wrongly mentioned as Rs.40,000/-) was fastened on the insurer with levy of interest @ 9% per annum.

(3.) The insurer filed the present appeal submitting that the award of compensation is excessive.