NATIONAL INSURANCE CO.LTD Vs. SATYANARAYAN

JUDGEMENT

(1.) This appeal is filed by the Appellant/ Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988 against the award dated 11th March, 2010 passed by the learned Member, Motor Accident Claims Tribunal, Ujjain in claim Case No. 3/2007.

(2.) One Hokam alias Gudya had died in the road motor accident which had taken place on 28th September, 2006. Accordingly the dependents of the deceased filed claim petition before the Claims Tribunal. The Tribunal found that the deceased was aged about 22 years at the time of accident and his monthly income was Rs. 3,000/ per month and after deducting one-third, the amount towards self expenses the Tribunal assessed the loss of dependency at the rate of Rs. 2,000/- per month which comes to Rs. 24,000/- and by applying multiplier of 18 the Tribunal awarded Rs. 4,32,000/-. The Tribunal further awarded Rs. 5,000/- for funeral expenses and Rs. 2,000/- to the mother for the death of her son and Rs. 5,000/- for loss of estate. Thus, the Tribunal awarded a sum of Rs. 4,44,000/-alongwith interest @ 6% per annum from the date of application till realization.

(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 who is liable to pay compensation. The Tribunal has already recorded the findings on these issues in favour of the Appellant. 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 order by dealing the facts on the said issues.