ORIENTAL INSURANCE CO LTD Vs. HAMSAVENI

JUDGEMENT

(1.) The insurance company has filed this appeal aggrieved by The award of Rs.4,86,500/- passed by The court below for The death of The deceased Krishnan, who was a lorry driver by profession. The claim petition was filed by The wife and children of The deceased.

(2.) The claim petition was filed by stating that when The deceased was driving The truck bearing Registration No. KA - 01 D 3993, on 13.07.2002 at about 6.30 am, The deceased got down from The truck and standing near The truck on The fly over, west from Hanuman temple at Sahdra, Delhi. At that time, The bus bearing Registration No. TL 01 PB 0003 was driven by its driver in a rash and negligent manner and hit The deceased. In The impact, The deceased was thrown away and sustained grievous skull injuries. The deceased was rushed to UCMS & GTB Hospital at Delhi, but he succumbed to The injuries at The hospital. At The time of accident, The deceased was 48 years and was earning Rs.6,000/- per month including batta. Therefore, for The death of The deceased, The claim petition was filed claiming Rs.7,00,000/- as compensation.

(3.) The learned counsel for The claimants/respondents would contend that The deceased was a driver of The lorry and he died at The age of 48 years thereby The claimants have lost their only bread winner. Further, as a lorry driver, The deceased would easily earn a sum of Rs.4,000/- per month, including daily batta and therefore, The amount taken as monthly income and The multiplier adopted by The court below are valid and legal.