UNITED INDIA INSURANCE COMPANY Vs. SONIA

JUDGEMENT

(1.) THIS is an appeal filed by the insurer challenging the award dated 30.3.2002 passed by the Motor Accident Claims Tribunal, Muzaffarnagar in M.A.C. No. 10 of 2001.

(2.) BRIEFLY , the facts of this case are that Sohan Lal and Yogendra Kumar were going on Scooter No. UP-12-4146 on 21.11.2000 when they met with an accident with Bus No. UP 15F-8651, owned and driven by respondent Nos. 6 and 7 respectively. In the said accident both Sohan Lal and Yogendra Kumar received fatal injuries. The widow and three minor children of the deceased Sohan Lal filed M.A.C. No. 10 of 2001 claiming compensation of Rs. 30 lacs against the owner, driver and insurer (appellant) of the said bus, on the allegation that the accident was caused because of the rash and negligent driving of the bus driver and that the deceased was aged about 26 years and was working as a driver in the Civil Court and was earning Rs. 4,873/- per month.

(3.) LEARNED Counsel for the appellant has submitted that the quantum of compensation awarded is very high and is not based on the correct assessment of income of the deceased. On the basis of the evidence adduced by the parties, the Tribunal assessed the age of the deceased as 26 years and as the deceased Sohan Lal was working as a driver in the Civil Court and was getting salary of Rs. 4,873/- per month for which the salary certificate had been filed before the Tribunal, the Tribunal correctly assessed the age and income of the deceased. After deducting 1/3rd amount of the salary towards expenses of the deceased on himself, the Tribunal assessed the monthly dependency of the claimants at Rs. 3,249/- and considering the age of the deceased, applied a multiplier of 16 years, which is totally reasonable. Thus, the Tribunal assessed the pecuniary loss suffered by the claimants as Rs. 6,33,808/-. Besides this, a further amount of Rs. 10,000/- has been awarded by the Tribunal for funeral expenses and loss of consortium and mental pain and agony. Thus, the total compensation of Rs. 6,43,808/- has been awarded.