NEW INDIA ASSURANCE CO LTD Vs. USHA DEVI

JUDGEMENT

(1.) Heard the learned counsel for the insurer appellant. The appellant has filed the present appeal under section 173 of Motor Vehicles Act feeling aggrieved by the award of the Motor Accidents Claims Tribunal, determining an amount of Rs. 6,72,048 as just compensation to which the dependants of the deceased Udai Veer Singh were found entitled to on account of his untimely death who met with an accident involving the offending motor vehicle, a truck which had been insured by the present appellant covering the risk.

(2.) Motor Accidents Claims Tribunal on a careful consideration of the evidence and materials brought on record, had come to the conclusion that the deceased Udai Veer Singh was aged about 38 years. The income of the deceased was found to be Rs. 7,000 per month. The family of the deceased was quite large. Besides his wife he had left behind 5 children. After excluding 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. 56,004 for calculating compensation. The Tribunal utilising multiplier of 12 had calculated the amount of compensation.

(3.) The only submission urged and pressed in support of the appeal by the learned counsel for the appellant is that taking into consideration the nature of the accident, the liability for the payment of the amount of compensation fastened upon the insurer sought to have been reduced in view of the contributory negligence of the deceased himself who was travelling on a scooter.