LAWS(ALL)-2002-12-15

ORIENTAL INSURANCE CO LIMITED Vs. BHUPENDER KAUR

Decided On December 05, 2002
ORIENTAL INSURANCE CO.LTD. Appellant
V/S
BHUPENDER KAUR Respondents

JUDGEMENT

(1.) Heard the learned counsel for insurer appellant. Mr. Pankaj Bhatia, learned counsel for the claimants-respondents, who has put in appearance at this stage, has also been heard.

(2.) The insurer appellant feels aggrieved by the award of an amount of Rs. 12,80,000 as compensation to claimants on account of the untimely death of the husband of the respondent No. 1 and the father of the respondent Nos. 2 and 3, in an accident involving the offending motor vehicle a Tempo, insured by the present appellant.

(3.) The Claims Tribunal after carefully considering the facts and circumstances, as brought on record has returned all the findings on crucial facts against the present appellant. The amount of compensation has been determined taking into account the income of the deceased to be about Rs. 8,000 per month and holding the extent of dependency to be Rs. 6,500 per month. The age of the deceased was found to be 38 years at the time of the accident and a multiplier of 16 has been utilised for determining the quantum of compensation. The total amount awarded as compensation includes an amount of Rs. 30,000 towards loss of consortium, etc. and an additional amount of Rs. 2,000 was awarded for the funeral expenses.