NATIONAL INSURANCE COMPANY LTD. Vs. SMT. SUNITA SHARMA

JUDGEMENT

(1.) These are two appeals filed under Sec. 173 of the Motor Vehicles Act, 1988 (for short the 'Act') against the judgement and award dated 07.04.1993 passed by the Motor Accident Claims Tribunal, Mathura awarding a sum of Rs.4,30,000.00 as compensation on account of death of one Virendra Sharma in a motor accident. First Appeal no. 686 of 1993 has been filed by the Insurance Company alleging that the award made is excessive. Whereas First Appeal No. 674 of 1999 has been filed by the claimants seeking enhancement of the award. The two appeals are to be considered in the backdrop of the following facts:-

(2.) The proceedings were contested by the owner and driver of the offending vehicle as well as Insurance Company by filing written statement.

(3.) Tribunal on the basis of the pleadings of the parties and after analysing the evidence brought on record, both oral and documentary, held that accident was caused due to rash and negligent driving of the offending ambassador car. Tribunal further held that the driver of the offending vehicle was having a valid driving license and it was duly insured with the Insurance Company. Tribunal determined the dependency of Rs.3,60,000.00, and further awarded a sum of Rs.5000.00 towards suffering and pain, Rs.20,000.00 towards loss of love and affection and Rs.15,000.00 towards mental pain and untimely death. Tribunal also awarded a lump sum of Rs.30,000.00 towards funeral expenses, medical expenses in treatment and repair of the scooter. In this manner, a total sum of Rs.4,30,000.00 was awarded by the Tribunal towards compensation. Simple interest 12% per annum from the date of making of the application till actual payment was also awarded. The Insurance Company has challenged the award only on the question of quantum. It is submitted that compensation awarded is excessive. Lump sum deduction has not been granted. It is also submitted that a sum of Rs.70,000.00 granted under non-pecuniary heads is excessive.