NATIONAL INSURANCE CO. LTD. Vs. URMILA DEVI

JUDGEMENT

(1.) Both these appeals arise out of the same Judgment/award dated 29.5.1999 passed by Motor Accident Claim Tribunal VIth, Allahabad (hereinafter referred to as the Tribunal) in M.A.C.P. No. 227 of 1997 whereby the objections raised by the Insurance Company regarding breach of policy condition were rejected and compensation was awarded to the claimants.

(2.) Being aggrieved by the award, National Insurance Company Ltd. filed above First Appeal From Order No. 1022 of 1999 before this Court with the submission that the compensation so awarded is not as per the settled legal position of law as enunciated by High Court and the Apex Court and the Insurance Company is no liable as there is breach of policy condition and also contended that it is a case of contributory negligence. A new ground in memo of appeal is raised, namely, insured vehicle was being towed by one another vehicle as it had met with an accident earlier. However, at the outset, this ground in the appeal was neither raised before the Tribunal nor it is substantiated by leading any cogent evidence and, therefore, the said submission requires to be rejected at the outset without delving further in the matter. Being dissatisfied with the above award, the claimants have also preferred above First Appeal From Order No. 1010 of 1999 requesting for enhancement of compensation awarded by the Tribunal for the death of sole bread winner, a police constable of 34 years, who died in the vehicular accident leaving behind six heirs.

(3.) Claim Petition No. 227 of 1997 was instituted by widow Smt. Urmila Devi and five minor children of young police Constable, Ashok Kumar Shukla, who died at the young age of about 34 years. The Tribunal considered his income as Rs.4,000/- as per salary slip. It is submitted by counsel for claimants that Tribunal did not award any amount under the head of future prospect and deducted 1/3rd towards personal expenses of the deceased from the the assessed income. It applied multiplier of 16 and added Rs.20,000/- for loss of love and affections and loss of consortium. It further granted Rs.2,000/-for funeral expenses and Rs.2,000/- for cost of litigation and thus, it awarded total sum of Rs.7,95,000/- as compensation with 12 per cent rate of interest.