NATIONAL INSURANCE CO. LTD. Vs. SIDDHU AND ORS.

JUDGEMENT

(1.) THIS appeal u/S.173 of the Motor Vehicle Act is at the instance of the Insurance Company challenging the award dated 31/7/2012 passed by the MACT, Dhar in Claim Case No. 39/2011 awarding the compensation of Rs.4,97,003/ - along with the interest.

(2.) THE respondents No. 1 to 3 (claimants) had filed the claim petition before the tribunal stating that Kailash had died in an accident caused by the Vehicle No. MP09 -FA -1356 driven in rash and negligent manner. The claimants are the parents and the minor sister of the deceased. The tribunal in the award dated 31/7/2012 has found that the accident was caused by the Toofan Vehicle No.MP09 -FA -1356 driven in rash and negligent manner in which Kailash had died and the Insurance Company had failed to prove that the driver of the vehicle was not having valid and effective license or the vehicle was not having effective permit on the date of the accident. The Insurance Company also could not prove that the vehicle was driven in violation of the policy conditions. The claims tribunal also found that the deceased at the time of accident was aged between 15 -20 years. The Claims tribunal found that at the time of the accident the monthly income of the deceased was Rs.3500/ -. Since the deceased was bachelor, therefore, the tribunal deducted 1/2 towards the self expenses and applied the multiplier of 18 and calculated the loss of dependency of Rs.3,78,000/ -. The tribunal awarded further sum of Rs.27,153/ - towards the medical expenses, Rs.4000/ - for transportation charges, Rs.10,000/ - for the attendant and the diet charges, Rs.10,000/ - for loss of estate and Rs.5000/ - for funeral expenses. Including other heads, tribunal passed an award of Rs.4,97,003/ -.

(3.) COUNSEL for respondents has submitted that the finding recorded by the tribunal in respect of the involvement of vehicle in question in the accident is based upon the appreciation of the evidence. He has further submitted that in view of the judgment of the Supreme Court in the matter of Reshma Kumari and others Vs. Madan Mohan and another reported in : (2013) 9 SCC 65 the multiplier of 18 considering the age of the deceased has rightly been applied.