NATIONAL INSURANCE COMPANY LTD Vs. ABDUL KARIM

JUDGEMENT

(1.) HEARD Sri V.K. Birla, learned counsel for the appellant and Sri R.K. Porwal, learned counsel appearing on behalf of the respondents. Despite the service of notice on respondent no. 3 no one appears on behalf of respondent no. 3.

(2.) THIS is an appeal by the insurer of Metador Toyota, bearing registration no. U.P. 78/B-3603. It was the case of the claimants that on 9.7.1991 when Abdul Karim, along with his daughter Km. Najma, had gone to meet his elder daughter Smt. Shakeela in her in-laws house in village Nandpur , P.S. Phaphund, District Etawah, while returning from village Nandpur they were waiting for bus at Kakor Buzurg on Dibiyapur Auraiya Road and were sitting at a distance of about 5-6 steps away from the road under a tree near a cycle repairing shop. At about 9-30 a.m. Metador Toyota, bearing registration no. U.P. 78/B-3603 reached at the spot which was being driven rashly and negligently, dashed with a box kept at the cycle repairing shop and also dashed Abdul Karim and his daughter Km. Najma-deceased as a result Abdul Karim and his daughter Km. Najma received grievous injuries along with other persons standing over there. The driver of the vehicle Sri Rajesh alias Bhanoo left the vehicle and ran away from the spot. The claimant Abdul Karim and his daughter were taken to Dibiyapur Hospital where Km. Najma succumbed to her injuries on reaching at the hospital. Km. Najma was 18 years old and used to lookafter the household work and her parents. The claimants, who are the parents of the deceased Km. Najma, claimed that on account of death the parents suffered loss of Rs.25 per day and accordingly total compensation was claimed at Rs.2,55,000/- for 25 years. The age of Abdul Karim was stated at 45 years and the age of the mother was 42 years. The Tribunal by the impugned order allowed the compensation at Rs.1,00,000/- along with interest @ 12%.

(3.) SRI R.K. Porwal, learned counsel appearing on behalf of the respondents relied upon the decision of the Tribunal and submitted that the deceased was 18 years old and was involved in the household services and was providing physical and mental contribution to the family, therefore, the evaluation of her service @ Rs.300/-per month and the annual evaluation at Rs.3600/- per annum cannot be said to be excessive. The multiplier applied at 25 times is also justified. He submitted that the multiplier has been applied having regard to the reasonable expected age of the deceased. Reliance is placed on the decisions of the Apex Court in the case of National Insurance Company Ltd. Vs. Swaran Singh and others, reported in (2004) 3 SCC 297, Lata Wadhwa and others Vs. State of Bihar and others, reported in (2001) 8 SCC 197, New India Insurance Company Ltd. Vs. Padam Singh and others, reported in 2007 (4) TAC 388 and New India Insurance Company Ltd. Vs. Smt. Shanti Pathak and others, reported in 2007 (4) TAC 17 (SC).