NATIONAL INSURANCE CO. LTD Vs. SHANTABEN DESLABHAI RATHVA

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act is at the instance of the National Insurance Company, the insurer of the offending vehicle and is directed against an award dated 11th May 2006 passed by the Motor Accident Claims Tribunal (Auxiliary), Fast Track Court, Godhra at Panchmahals, thereby allowing an application under Section 166 of the Motor Vehicles Act by awarding a sum of Rs.6,53,500/ - with interest at the rate of 7.5% p.a. from the date of filing of the application till realization.

(2.) BEING dissatisfied, the insurance company has come up with this appeal and it has restricted its claim only to the amount of Rs.2 Lac. Therefore, in this appeal, I propose to restrict the scrutiny only on the question of quantum.

(3.) THE learned tribunal below, however, did not accept the aforesaid assertion of the claimant and was of the view that the income of the victim should be treated to be Rs.3,000/ - a month and, thereafter, doubling it and adding Rs.3,000/ - arrived at a figure of Rs.9,000/ - and then divided it by two and consequently arrived at a figure of Rs.4,500/ -. The tribunal thereafter deducted 1/3rd of that amount for personal expenditure and by applying the multiplier of 17, arrived at the figure of Rs.6,12,000/ - and added Rs.7,500/ - towards mental pain, shock and sufferings, Rs.20,000/ - for consortium to the widow, Rs.10,000/ - for loss of expectation of life and Rs.2,000/ - for funeral expenditure and further Rs.2,000/ - for transportation and, thus, the total amount of Rs.6,53,500/ - was arrived at.