INDIA ASSURANCE CO LTD Vs. RADHABEN RAMJI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Main), Jamnagar in MACP No. 320 of 1988, by which, the learned Tribunal has partly allowed the said claim petition and awarded total sum of Rs. 1,98,750/-to the original claimant towards compensation for the death of the deceased Ramji by holding Appellate Insurance Company liable to pay compensation, the original opponent No. 4- New India Assurance Company Limited has preferred present First Appeal.

(2.) Not satisfied with the amount of compensation awarded by the learned Tribunal, original claimants have preferred Cross-objection No. 169 of 1998.

(3.) In a vehicular accident which occurred on 6.8.1988 between truck bearing registration No. GTP 5181 and tanker bearing registration No. GTP 7804 on Jamnagar-Dwarka Highway, near Jagvad Sign Board, four persons including deceased Ramji died and three persons received serious injuries. That tanker No. GTP 7804 was insured with the appellant herein - New India Assurance Company Limited and the truck No. GTP 5181 was insured by United India Insurance Company Limited - original opponent No. 7. That considering fact that there was head on collision between both the the vehicles and on appreciation of evidence, the learned Tribunal has held the driver of both the vehicles equally negligent i.e. to the extent of 50% each. That the learned Tribunal assessed the income of the deceased at Rs. 1250/- per month i.e. Rs. 15,000/- per year. That the learned Tribunal thereafter deducted ¼ towards personal expenses of the deceased and assessed loss of the income at Rs. 11,256/- per year and applying the multiplier of 15, awarded Rs. 1,68,750/- towards future loss of income. The learned Tribunal awarded a further sum of Rs. 20,000/- towards expectation of life and Rs.10,000/- towards loss of consortium. Thus, the learned Tribunal awarded in all total sum of Rs. 1,98,750/-.