NEW INDIA ASSURANCE COMPANY LTD. Vs. LAXMI DEVI

JUDGEMENT

(1.) Heard Sri Rakesh Bahadur, learned counsel for-New India Assurance Co. Ltd. and Sri Nigamendra Shukla, learned counsel for claimants.

(2.) Both the New India Assurance Co. Ltd. and claimants have challenged the judgment and order dtd. 19/5/2007 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Bulandshahar (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No. 283 of 2005, awarding compensation of Rs.8,02,500.00 with interest at the rate of 9%.

(3.) The accident took place on 13/7/2005 when the deceased along with Vinay Kumar and minor Anjali was going on the scooter, at that point of time, the truck suddenly gave the signal for turning towards right side and that is how the accident occurred in which, the deceased sustained multiple fractures and minor Anjali and Vinay Kumar also sustained injuries. The F.I.R. was lodged at the police station. The postmortem of the dead body was conducted on 14/7/2005. The deceased was a person of 39 years of age. The respondent-owner of the vehicle contended that the vehicle was not involved in the accident. It was contended that the accident occurred due to rash and negligent driving of the scooterist. The Insurance Company also file its reply which was one of denial and contended that there was breach of policy condition and that the vehicle was not involved. The Tribunal after hearing arguments and perusing the oral testimony as well as documentary evidence, returned the finding of negligence disbelieving the oral testimony of D.W.1-Driver Qudir by placing reliance on Mangal Singh Vs. Rajasthan State Road Transport Corporation, Jaipur, 2002 (3) TAC 216 (Raj) and awarded a sum of Rs.8,02,500.00 with interest at the rate of 9%. The Tribunal has considered the income of the deceased to be Rs.6,000.00 per month, granted multiplier of 16, deducted 1/3rd towards personal expenses and granted loss of consortium Rs.5000.00 each to claimant nos. 2 to 6 for loss of fatherly affection and Rs.9500.00 for other non pecuniary damages.