NEW INDIA ASSURANCE CO LTD Vs. LALITA NAIK

JUDGEMENT

(1.) THIS is an appeal by the insurer under Section 110 -D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act'). Only grievance of insurer is the quantum of compensation determined by the tribunal. No cross -objection has been filed.

(2.) ON 2.7.1986 at about 4 p.m., deceased sustained injuries on account of accident by the motor cycle bearing No. 4096 for which insurer has undertaken to take up the liability of the owner in terms of the insurance policy. Injured was removed to Balipadar Hospital with head injuries and from there he was removed to Bhanjanagar Hospital where he succumbed to the injuries.

(3.) AGE of the deceased at the time of his death was held by the Tribunal to be 55 years though it was claimed by the claimants to be 45 years. Mr. P. Roy, learned counsel for the appellant, does not challenge the age as found by the Tribunal. On perusal of evidence I am satisfied that finding of the Tribunal is correct. Since claimants are widow and minor sons of the deceased, their dependency would have continued for the entire period of longevity of the deceased which in India is the average 70 years. Thus, for fifteen years more one or more of the claimants would have continued to be dependants and loss of dependency would be for fifteen years.