NEW INDIA ASSURANCE COMPANY LIMITED Vs. LALLOW

JUDGEMENT

(1.) S .P. Srivastava 1. Heard the learned Counsel for the insurer -appellant.

(2.) THE Insurer appellant has filed this appeal under Section 173 of the Motor Vehicles Act feeling aggrieved by the award of an amount of Rs. 2,84,000/ - as compensation together with simple interest at the rate of 9% per annum to the claimant respondents in the proceedings under Section 166 of the Motor Vehicles Act on account of the untimely death of Rajesh, who was aged about 22 years in an accident involving the offending motor vehicle. 2. The Tribunal after considering the evidence and the materials brought on record, had come to the conclusion that the offending motor vehicle was being driven rashly and negligently at the time of the accident. The Tribunal was also of the view that the driver of the offending motor vehicle did not have any licence authorising him to drive the said vehicle. The income of the deceased was found to be Rs. 2,000/ - p.m. and the extent of the dependency taking into account the number of the family members was determined to be Rs. 16,000/ - p.a. The Tribunal had utilised the multiplier of 17 for determining the amount of compensation assessed at the figure of Rs. 2,72,000/ -. An additional amount of Rs. 10,000/ - was awarded to the wife of the deceased on account of the mental agony and loss of consortium, etc. and Rs. 2,000/ - to funeral expenses.

(3.) LEARNED Counsel for the appellant has tried to assail the findings returned against the appellant by the Tribunal but could not demonstrate that these findings can be taken to be suffering from any such legal infirmity which may justify any interference therein by this Court. These findings are amply supported and warranted by the evidence brought on record.