KALPANA BHANDARI Vs. AMARPRIT SINGH

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act has been filed against the award dated 19 -12 -2005 passed by the Motor Accidents Claims Tribunal/llnd F.T.C., Nainital (hereinafter referred as Tribunal') in M.A.C.P. No. 20/2004 Smt. Kalpna Bhandari v. Amarprit Singh and Ors., whereby the learned Tribunal had awarded a sum of Rs. 5,42,000/ - as compensation alongwith the interest thereon @ 6% p.a. from the date of filing the claim petition till the date of payment. The liability to pay the compensation was fixed upon the United India Insurance Company Ltd.

(2.) BRIEF facts of the case are that claimant -Smt. Kalpna Bhandari had filed a claim petition before the learned Tribunal for compensation of Rs. 20 lacs alleging therein that on 15 -06 -2003 at about 7:30 p.m. her husband Deep Kumar Bhandari (deceased) went to see someone at Haldwani on the scooter bearing No. D.V.B. 3302. At about 10p.m. the claimant received a telephonic message from Soban Singh Jeena Base Hospital, Haldwani about the accident of her husband. The claimant alongwith her family members reached at the hospital and found her husband dead. The deceased died on account of injuries sustained by him on the date of accident. On 18 -06 -2003 the offending vehicle Truck No. UP 02D -0869 was seized by the police. According to the eye -witness of the accident, deceased Deep Kumar Bhandari was going on his scooter from Bhotiyapadao to Haldwani and he was driving slowly on the left side of the road. Truck No. UP 02 -D 0869 coming from the back side rashly and negligently dashed the scooter, due to which the deceased sustained grievous injuries on his person and died. After the accident, the offending truck fled away from the place of occurrence. It was further alleged that the deceased was aged about 52 years on the date of accident and he was working in the Food Corporation of India on the post of A.G.I. He used to earn Rs. 15,774/ - per month. Thus, the claimant -Appellant had filed a claim petition for compensation for the death of her husband.

(3.) ON the basis of the pleadings, the learned Tribunal framed necessary issues in the case and ultimately, the learned Tribunal had come to the conclusion that the deceased died on account of the injuries sustained by him in the motor accident on 15 -06 -2003; the accident occurred due to rash and negligent driving of the driver of the offending truck; and the insurer of the offending Truck was liable to pay the compensation to the claimant. The Tribunal on a thorough scrutiny of the evidence led by the claimant about the income of the deceased including his salary certificate assessed his income at Rs. 9,505/ -. The Tribunal had assessed the age of the deceased as 52 years on the date of accident. After deducting 1/3rd for the personal expenses of the deceased, the dependency of the claimant was assessed at Rs. 76,000/ - per annum. The Tribunal had applied the multiplier of "7" and the amount of compensation was assessed at Rs. 5,32,000. Apart from this, Rs. 5,000/ - for last rites and Rs. 5000/ - for consortium were awarded to the claimant. Thus, the Tribunal had awarded a sum of Rs. 5,42,000/ - to the claimant as compensation alongwith interest @ 6% p.a. from the date of filing the claim petition till the date of payment. It was further held that the United Insurance Company Ltd. is liable to pay the compensation to the claimant.