NEW INDIA ASSURANCE CO LTD Vs. KAMLA

JUDGEMENT

(1.) APPELLANT New India Assurance Co. Ltd. has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), aggrieved of the award dated 9. 10. 1995, passed in MCC No. 54 of 1992, by 9th Additional Motor Accidents Claims Tribunal, Bhopal.

(2.) THE circumstances, in which the accident occurred are not in dispute. When the deceased Rajendra Singh was going on his Bullet motor cycle No. HIB 7313 on 5. 8. 1990, at about 10. 45 p. m. , at the turning of Alpana Talkies he was dashed by mini bus No. CIC 9508, driven by the respondent No. 6, owned by respondent No. 7 and insured with the appellant. The Tribunal, after appreciating the evidence on record held that the accident was caused due to sole negligence of the driver of the mini bus. The deceased was 30 years of age. After deducting Rs. 500/- as personal living expenses of the deceased from the monthly earning of Rs. 1,700/-, the dependency was estimated as Rs. 1,200/- per month, yearly at Rs. 14,400/ -. Applying the multiplier of 30, the amount worked out to Rs. 4,32,000/ -. For loss of company Rs. 25,000/were awarded each to the widow and to the minor daughter, Rs. 20,000/- to the parents and Rs. 5,000/to the respondent No. 5, the brother were awarded. A sum of Rs. 20,000/- towards loss of future income and Rs. 5,000/- towards funeral expenses were also awarded. Thus, total compensation of Rs. 5,32,000 to the respondents with interest at the rate of 12 per cent per annum till deposit was awarded to the legal representatives of the deceased.

(3.) MR. N. S. Ruprah, learned Counsel for the appellant, contended that the compensation so determined by the Tribunal is completely ignoring the law declared by the Supreme Court in General Manager, Kerala State Road Transport Corpn. v. Susamma Thomas 1994 ACJ 1 (SC ). The compensation so awarded is highly excessive and is windfall against the Table.