NATIONAL INSURANCE CO LTD Vs. DWIJESH KUMAR DUTTA

JUDGEMENT

(1.) This appeal was filed against a judgment and decree passed by the Motor Accidents Claims Tribunal allowing an application under Section 166 of Motor Vehicles Act.

(2.) The claim application was filed for compensation as the victim being the son of the petitioner while driving a Maruti car was hit by a private taxi coming at a very high speed in a rash and negligent manner and as a consequence of such accident the victim sustained severe injury and, therefore, removed to the hospital where he expired soon after his admission.

(3.) The Tribunal came to a finding that the accident occurred due to rash and negligent driving of the offending vehicle and death occurred due to the said accident. Further finding of the Tribunal is that the victim was a businessman and used to earn from his own business and the yearly income of the deceased was Rs. 1,39,176 and after deducting 1/3rd towards personal expenses of the deceased, annual loss of dependency comes to Rs. 92,784. Multiplier of 11 was applied, considering the age of petitioner being the mother of the victim and compensation amount of Rs. 10,20,624 was assessed. Adding funeral expenses and loss to estate, the total compensation was calculated which was to be deposited after adjustment of Rs. 50,000 already received by the claimants under Section 140 of the Act.