NATIONAL INSURANCE CO LTD Vs. SK AHMEDUNNIA

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been preferred by the 3rd respondent-insurance company against the award dated 24-3-2003 passed in O. P. No. 1975 of 1999 on the file of the Motor Accidents Claims Tribunal-cum-I Additional district Judge, Visakhapatnam.

(2.) THE respondents-claimants filed the above O. P. under Section 166 of the Motor vehicles Act, 1988 claiming compensation of Rs. 21,93,000/- due to death of Sk. Anwar Basha, who died in the motor accident that occurred on 12-4-1999. On 12-4-1999 while the deceased was proceeding in a jeep bearing No. OR-06b-9111 from his work place to Visakhapatnam a lorry bearing No. AHH 2125 belonging to the 2nd respondent and driven by its driver (R. 1) in a rash and negligent manner dashed the jeep, on account of which, the deceased and three others traveling in the jeep, died on the spot.

(3.) THE Tribunal, on consideration of the evidence on record, held that the accident occurred due to rash and negligent driving of the driver of the lorry. With regard to quantum of compensation, the Tribunal took Rs. 9,333/-, as contribution to the deceased's family per month, after deducting 1/3rd towards personal expenses of the deceased, quantified the loss of dependency at Rs. 16,79,940/-by applying appropriate multiplier. In addition to that amount an amount of rs. 15,000/- was awarded towards loss of consortium and Rs. 15,000/- towards loss of estate, in all granted compensation of Rs. 17,14,940/- holding that the accident occurred due to rash and negligent driving of the driver of the lorry driven by R. 1.