NATIONAL INSURANCE CO LTD Vs. JANKI BAI

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the Insurance Company against the award dated 14th February, 2008, passed by the learned IV Member Motor Accident Claims Tribunal (Fast Track Court), Manawar District Dhar in Claim Case No. 126/07.

(2.) One Amar Singh had suffered injuries in the road motor accident, which had taken place on 29th April, 2007 and had died on account of those injuries. The Respondents, who were dependent of the deceased had filed the claim petition before the Tribunal. The Tribunal found that at the time of the accident, the deceased was aged 54 years. The Tribunal applied the multiplier of 11. The Tribunal assessed the annual income of the deceased as Rs. 2,22,156/- and after deducting 1/3 towards the self expenses calculated the loss of dependency as Rs. 16,29,144/-. The Tribunal further awarded a sum of Rs. 2,000/- for funeral expenses and Rs. 5,000/- for loss of consortium to the wives. Thus, the Tribunal awarded a total sum of Rs. 16,36,144/- to the claimants.

(3.) It is not necessary to narrate the entire facts in detail, such as how the accident occurred, negligence in driving the offending vehicle and the issue of liability as to who is liable to pay compensation. The Tribunal has already recorded the findings on these issues in favour of the Appellants. None of those findings have been assailed at the instance of the Respondents i.e. owner/driver/insurance Company by filing cross appeal or cross objection. Thus, it is not necessary to burden the judgment by detailing the facts on the said issues.