NATIONAL INSURANCE CO LTD ; PRESIDENT TATA CHEMICAL PVT LTD Vs. DUBBI DEVI & OTHERS; NATIONAL INSURANCE CO LTD & OTHERS

JUDGEMENT

(1.) Both these appeals have arisen out of the same judgment, hence are being taken up together for adjudication.

(2.) The accident occurred on 15.8.2007 at 10.30 A.M. when Dinesh Singh Rana (deceased), who was coming on his bicycle from Shyampur Bypass, was hit by a truck bearing no. UP-11B/8097, which was being plied from Rishikesh towards Haridwar. Dinesh Singh Rana, a youth of around 20 years, lost his life on account of this accident. His mother Smt. Dubbi Devi instituted the claim petition and vide impugned judgment dated 24.7.2010, compensation amounting to Rs.3,80,000/- along with six per cent annual interest from the date of filing such petition has been awarded to her and the liability to pay the same was fastened on the owner of the truck-Mr. Vinod Kumar. However, the insurance company was directed to satisfy the award and then recover the amount so paid from the truck owner on the premise that such vehicle was being plied in the territory of Uttaranchal without any valid permit.

(3.) The insurance company has challenged the award on the ground that since the deceased was a bachelor, hence as per the settled norms, as have been established in the several pronouncements of different High Courts and also the Hon'ble Apex Court, the dependency should have been one-half of the total annual income, but the learned Tribunal has applied the multiplier after deducting 1/3rd from the annual income. Such annual income has been evaluated to be Rs.36,000/- per annum.