NATIONAL INSURANCE COMPANY LTD Vs. SURABHI SHARMA

JUDGEMENT

(1.) HAVING heard learned Counsel for the parties, it transpires that the deceased lost his life at the young age of 30 years in an accident occurred on 31.12.2003, when he was travelling in the Esteem Car on Jaipur Ajmer National Highway. When he was going as such, a truck coming from behind collided with his car while trying to overtake the vehicle of the deceased from the left side, and it resulted in this mishap.

(2.) THE Tribunal has assessed the total compensation to the tune of rupees fifty -five lakhs. Dependency was calculated at the income of rupees four lakhs eighty thousand per annum, which was suggested by the Counsel of the insurance company itself at the time of cross -examination of PW1 Sunder Lal Sharma, the father of the deceased. So, all other arguments on behalf of the insurance company at this stage that the deceased was not working/employed at the relevant time loss significance.

(3.) FURTHER , even if it is accepted for a moment that the deceased was out of employment at the time of accident, the fact couldn't be lost sight of that he was a highly qualified person and was very young too. Previously he was employed in a multinational company at Saudi Arabi and was getting monthly salary of rupees seventy five thousand. Thereafter he switched over to another multinational company in Mumbai, where he was getting rupees sixty five thousand per month. Thus, it is quite evident that the deceased being highly qualified was able to get some suitable job with decent remuneration as highlighted above. However, the Court is not inclined to consider all these complications because before the Tribunal concerned, the learned Counsel of the insurance company itself suggested the annual income of the deceased to be rupees four lakhs and eighty thousand. So, the Tribunal concerned has rightly assessed the compensation on this income.