NATIONAL INSURANCE COMPANY LTD. Vs. DIVYA

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the insurer against the judgment and award dtd. 30/6/2025 passed by the Motor Accident Claims Tribunal, Farrukhabad, in MACP No. 131 of 2022, Divya and others vs. Indrapal and others, whereby, for the untimely death of Ranjeet in a road accident on 13/4/2022, the Tribunal has awarded the compensation of Rs.23,50,000.00, out of which 18,06,000/- was ordered to be paid with interest at the rate of 7% per annum and the remaining 5,44,000/- was ordered to be paid without interest.

(2.) Factual matrix is that Ranjeet was driving motorcycle bearing Registration No.UP-84-W-0430 on 13/4/2022, then at about 8:00 P.M., the above motorcycle was hit by Tata Sumo vehicle bearing Registration No.UP-84-T- 3403, which was driven in a rash and negligent manner, resulting in injuries to Ranjeet and pillion rider Rajesh Kumar and due to these injuries both of them died on the spot. An FIR was registered on 14/4/2022 at 11:31 hours at PS Nawabganj, District Fatehgarh against an unknown vehicle and during investigation, it came to light that Tata Sumo UP-84-T-3403 was involved in the accident and subsequently charge-sheet was submitted against the driver of the above Tata Sumo vehicle. The claimants are the legal heirs of the deceased, Ranjeet.

(3.) According to the claimants, Ranjeet use to sell vegetables on a thela. The claimants claimed that he was earning Rs.10,000.00 per month from the above profession. The deceased was aged about 28 years on the date of the accident. The Tribunal has assessed his income to be Rs.10,000.00 per month, granted future prospects at the rate of 40%, taking multiplier of 17 and has accordingly granted compensation of Rs.23,50,000.00 along with interest at the rate of 7% to the claimants, which have been ordered to be indemnified by the insurer of the above Tata Sumo vehicle.