UNITED INDIA INSURANCE CO. LTD. Vs. MANISH PORWAR

JUDGEMENT

(1.) THE claimant -respondents in this appeal Manish Porwar, Ashish Porwar, Km. Meenakshi Gupta and Km. Neha Gupta filed claim petition under Section 168 of the Motor Vehicles Act claiming compensation of Rs. 23,96,000/ - for the death of their father Munnu Lal Gupta and mother Smt,. Kusum Lata. The facts briefly stated are that on 27.3.1994 both the deceased were returning to their house after meeting Ratan Mal, elder brother of Munnu Lal Gupta. On way to their house their Hero Honda Motor -cycle went out of order. Deceased Munnu Lal Gupta parked the Vehicle on left side of the road and while he was examining the defect, Tanker No. U.P. 30/2002 over -ran both the victims on account of rash and negligent driving of the said vehicle by its driver. Both the victims died at the spot.

(2.) THE claimants alleged that Munnu Lal Gupta was aged 49 years and 7 months. His date of birth is 7th August, 1944 and he was employed as Junior Engineer in U.P. Jal Nigam and was drawing salary of Rs. 6635/ - per month. He had fair chances of promotion to the post of Assistant Engineer and also increase of salary in the near future, which would have been atleast Rs. 8,000/ - per month. After his retirement he would have earned atleast Rs. 5000/ - per month. Thus total loss of income was Rs. 8,16,000/ - plus Rs. 6 Lakhs on the death of Mannu Lal Gupta. The mother of the claimants Smt. Kusum Lata had passed M.A. Previous (Economics) and was running Shishu Shiksha Kendra and was earning Rs. 24,000/ - per year. She would have earned this money till 20 years and the claimants suffered a loss of Rs. 4,80,000/ - on account of her death. The claimants further alleged that they suffered a loss of Rs. 5,00,000/ - oh account of being deprived of love and affection of both the parents. Her age was around 41 years.

(3.) THE appellant Insurance Company in its written statement besides other pleas having been taken, also pleaded that highly excessive amount of compensation has been claimed. There could be no presumption for future earning after retirement of deceased Munnu Lal Gupta and deceased Smt. Kusum Lata was not earning anything from tuition as claimed by the claimants.