LAWS(ALL)-2003-5-232

NEW INDIAN ASSURANCE CO LTD Vs. SUNITA

Decided On May 13, 2003
NEW INDIAN ASSURANCE CO. LTD. Appellant
V/S
SUNITA Respondents

JUDGEMENT

(1.) Heard the learned counsel for the insurer/ appellant. Sri S. D. Ojha, learned counsel for the clatmants-caveators-respondents, who has put in appearance at this stage, has also been heard.

(2.) The appellant has filed the present appeal under Section 173 of the Motor Vehicles Act feeling aggrieved by the award of the Motor Accident Claims Tribunal, determining an amount of Rs. 4,08,000 as just compensation to which the dependants of the deceased Rajesh were found entitled to on account of his untimely death in an accident involving the offending motor vehicle, a Truck which had been insured by the present appellant covering the risk.

(3.) The Motor Accident Claims Tribunal, on a careful consideration of the evidence and materials brought on record, had come to the conclusion that the deceased Rajesh was aged about 24 years. The income of the deceased was found to be Rs. 3,000 per month. The family of the deceased was quite large. Besides his wife, he had left behind two minor children and parents. After excluding the 1/3rd of the income of the deceased which he might have been spending upon himself, the Tribunal had determined the extent of annual dependency to be Rs. 24,000 only for calculating the compensation. The Tribunal utilizing the multiplier of 17 had calculated the amount of compensation as Rs. 4,08,000 with an interest of 9% per annum simple interest.