REKHA RAJPUT Vs. RAJENDRA SINGH

JUDGEMENT

(1.) THIS appeal has been filed under Section 173 (1) of the Motor Vehicles Act, 1988 against the award dated 9.2.2009 passed by Third Additional Motor Accident Claims Tribunal, Gwalior in Claims Case No.236/2008 directing to pay compensation to the tune of Rs.3,00,100/- against respondents No.1 and 2 and exonerating the respondent No.3 Bajaj Allianz General Insurance Company Ltd.

(2.) NOW , as per circular dated 16th November, 2009 liability of Insurance Company is in respect of occupant of a private car and pillion rider in a two wheeler under standard motor package policy/ comprehensive policy. Learned counsel for the Insurance Company admits liability of the Company. In the present case, as per claim petition, deceased Raghvendra Singh Rajput was going alongwith respondent No.1 on 09-09-2006 on a motor cycle as a pillion rider. The motorcycle was driven by respondent No.1 rashly and negligently and it dashed against a cow. The deceased sustained injuries and he remained hospitalized in J.A. Group of Hospital, Gwalior and on 14.9.2006 he died due to injuries sustained by him. The deceased was Mechanic by profession, therefore, compensation to the tune of Rs.25,75,000/- was claimed on behalf of the claimants by filing a claim petition under Section 166 of the Motor Vehicle Act.

(3.) LEARNED counsel representing the appellants contends and submits that the motorcycle was driven by respondent no.1 rashly and negligently and dashed it against a cow, due to which the deceased who was sitting as pillion rider on the motorcycle, fell down on the ground and succumbed to injuries. However, after accepting earning of the deceased Rs.3000/- per month which was paying to a skilled worker, applying proper multiplier and deducting ¼th towards personal expenses and looking to the number of dependents, adequate compensation may be awarded.