NEW INDIA ASSURANCE COMPANY LIMITED Vs. SANGEETA DEVI

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the Insurance Company of the offending vehicle D.C.M. No.UP-78-GN-1291 against the impugned judgment and award dtd. 3/6/2025 passed by the Motor Accidents Claims Tribunal, Kanpur Dehat, in Motor Accident Claim Petition No. 273 of 2024 (Smt. Sangeeta Devi and others vs. The New India Assurance Company Ltd. and another), whereby, for the untimely death of Haribabu in an accident that took place on 8/1/2023, the Tribunal has awarded compensation of Rs.48,56,250.00 along with interest at the rate of 7.5% per annum to the claimants, which has been ordered to be indemnified by the insurer of the offending vehicle.

(2.) Factual matrix is that on 8/1/2023, Haribabu was travelling in a loader No.UP-77-AT-3631 from Kanpur to his home, then between Bairi and Baagpur, near Village Sambharpur within the jurisdiction of Police Station Shivli, District Kanpur Dehat at about 5:00 P.M., the above vehicle was hit from behind by the offending vehicle D.C.M. No.UP-78-GN-1291, which was being driven in a rash and negligent manner, due to which the loader overturned and Haribabu sustained grievous injuries, who was taken to the Government Hospital, Shivli from where he was referred to Halet Hospital, Kanpur Nagar, but just after leaving Shivli Hospital, he died. On the date of the accident, the deceased was about 36 years old, who was the owner of the above loader and was earning Rs.27,000.00 per month. The Tribunal keeping in view, that he was paying EMI of Rs.18,250.00 towards the payment of loan taken for purchasing the above loader, and also appreciating that after paying the above EMI, he was at least earning Rs.7,000.00 per month in order to sustain his family of six persons, concluded that he was earning Rs.18,250.00 + Rs.7,000.00 = Rs.25,250.00 per month.

(3.) The Tribunal, keeping in view that the deceased had five dependents, made a deduction of one-fourth from the above income, awarded future prospects at the rate of 40%, since the deceased was aged between 36-40 years, applied a multiplier of 15, awarded Rs.15,000.00 each towards loss of estate and funeral expenses, and Rs.40,000.00 towards loss of consortium. In all, the Tribunal awarded compensation of Rs.48,56,250.00 along with interest at the rate of 7.5% per annum to the claimants, which was ordered to be indemnified by the insurer of the aforesaid D.C.M. vehicle.