NEW INDIA ASSURANCE Vs. SUKHVINDARSINGH JAGJITSINGH

JUDGEMENT

(1.) Both these appeals arise out of the same claim petition and same set of evidence is adduced and hence both the appeals were heard together and are disposed by this common judgment and order.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and award dtd. 19/2/2008 passed in MACP No.5092 of 2006 by the Motor Accident Claims Tribunal, Anannd, the Insurance Company has preferred First Appeal No.4395 of 2008 whereas the original claimants have preferred First Appeal No.824 of 2009.

(3.) As the record unfolds the accident took place on 23/3/2001 at about 12 hours. It is the case of the original claimants that on the said day deceased Nileshbhai was going towards Calcutta along with his family members in Car Ford Escort bearing registration no. WBO-2G-9599 being driven in a moderate speed at correct side of the road. When their car reached at the scene of occurrence, one Truck bearing registration no. PB-10Z-9789 being driven in rash and negligent manner came from opposite side and dashed with the car, because of which, deceased Nileshbhai sustained serious injuries and succumbed to the injuries on the sport. An FIR was lodged with the Sadar Police Station, Raisuan, Keonjhar at Exh.60 and translated copy thereof at Exh.61 which was lodged by one Manmath Mohanta. It was the case of the original claimants that deceased Nileshbhai was 48 years old and was doing business of Tobaccos as a commission agent and used to earn Rs.40,000.00 per month. Present claim petition was filed under Sec. 166 of the Motor Vehicles Act, 1988 and claimed compensation of Rs.70.00 lakhs. The wife of the deceased Kusumben was examined at Exh.36, one Income Tax Practitioner Tapan Priyamohan was examined at Exh.47 and the original claimants relied upon the documentary evidence produced at Exh.52 to 56 to prove the income. The Tribunal determined the actual loss of dependency at Rs.6.00 lakhs and applying multiplier of 6 awarded a sum of Rs.36,00,000.00 as compensation under the head of future loss of dependency and over and above the same, awarded Rs.25000.00 as compensation under the different conventional heads including funeral charges and thus awarded Rs.36,25,000.00 as total compensation with 9% interest from the date of filing of claim petition till its realization. Being aggrieved and dissatisfied with the same, both the Insurance Company and original Claimants have preferred these appeals as stated herein above.