ABHAYKUMAR Vs. SITABAI

JUDGEMENT

(1.) THIS order shall also govern disposal of the cross-objection preferred by the respondent Nos. 1 to 3, the claimants.

(2.) BY the Award dated 31.8.2001 passed in M.V. Case No. 9/01, learned Claims Tribunal, Ratlam has awarded a sum of Rs. 1,10,000 as compensation for the death of one Babu Bheel. While assessing compensation and liability, learned Claims Tribunal has exonerated Insurance Company-respondent No. 4 herein, on the ground that at the time of the accident, the alleged driver of the offending vehicle had no valid driving licence, therefore, ordered the owner and the alleged driver to pay compensation together with interest. This appeal is filed by the owner, alleged driver and the alleged transferee. In the cross-objection besides seeking enhancement, respondent Nos. 1 to 3 are also assailing the findings of the Claims Tribunal with regard to the alleged breach of policy.

(3.) LEARNED Claims Tribunal appreciating the evidence has found that the truck bearing registration No. MPN-5737 was being driven by Kalu singh. Learned Claims Tribunal assessed the monthly income of the deceased at Rs. 750 and the annual loss of dependency at Rs. 6,000 after deducting the usual one-third amount which the deceased might have been spending on himself. Applying the multiplier of 15, learned Claims Tribunal assessed the future loss of dependency at Rs. 90,000 and added another sum of Rs. 20,000 under various heads like loss of consortium, loss of love and affection, funeral expenses etc. and thus awarded a total sum of Rs. 1,10,000 to respondent Nos. 1 to 3 herein only against the owner, alleged driver and alleged transferee of the vehicle but exonerated the Insurance Co. and the person who was set up as a driver of the vehicle at the time of the accident.