NATIONAL INSURANCE CO LTD Vs. MAHADEV RAWAT

JUDGEMENT

(1.) This appeal is filed Under Section 173 of the Motor Vehicles Act, 1988 against the award dated 19.10.2001, passed by the Motor Accident Claims Tribunal, Lucknow in Claim Petition No. 52 of 1995.

(2.) The brief facts of the case are that on 30.9.1994 at about 8.35 a.m., a driver of the Truck No. U. P.-41- 4886 was driving it recklessly and negligently and at Pahadpur Chauraha P.S. Gudmba district Lucknow collided with a cyclist namely Suresh Rawat who died on the spot. The deceased was working on a contract basis in Space Centre, Lucknow at Rs. 1,000 per month. The truck in question was insured with the appellant company against the cover note No. 834955 which was valid up to 30.9.1994.

(3.) For the purpose of computation, the Tribunal took the salary of the deceased at the rate of Rs. 1.000 per month and deduced one third for self expenditure. Thus, the Tribunal took the income of the deceased at Rs. 8,000 per annum and by looking the age of claimant- respondent, applied the multiplier of 13 and awarded the compensation of Rs. 1,04,000. In addition, the amount of Rs. 2,000 was also awarded for funeral expenses. Thus, the total compensation was awarded Rs. 1,06,000. Being aggrieved, the insurance company has filed the present appeal.