NEW INDIA ASSURANCE CO LTD Vs. BANITA MEHER

JUDGEMENT

(1.) THIS appeal has been filed by the opposite party No. 2/insurance Company challenging the award dated 7-1-2003 passed by the learned District Judge-cum-MACT (I), bolangir in MJC No. 35 of 1998, which was filed under Section 166 of the M. V. Act.

(2.) THE case of the claimant/respondent nos. 1 and 2, who are father and mother of deceased Mahadev Meher, in the Court below is that the deceased was travelling in the offending vehicle as owner of the goods. The deceased was carrying on business of vegetables. On the date of accident he was taking brinjals to Berhampur in the offending mini Truck bearing Registration No. OR-03-7617 on payment of Rs. 5,000/- to the owner of the vehicle towards hire charges. Due to rash and negligence of the driver, the vehicle met with an accident and the deceased mahadev Meher succumbed to the injuries at the spot. The deceased was unmarried and was earning about Rs. 4,000/- to rs. 5,000/- per month. The vehicle was validly insured with the New India assurance Co. having Policy no. 3155010001822 covering the date of accident. The petitioners have claimed a compensation of Rs. 3,00,000/ -. In support of their contention of the petitioners examined two witnesses and exhibited certain documents. No witnesses was examined on behalf of the opposite parties nor any document was filed and exhibited in support of their stand in their pleadings. As such the policy of Insurance has also not been filed or put before the learned Tribunal. After assessment of the materials available on record as well as evidence adduced on behalf of the petitioners, the Tribunal arrived at a conclusion that the contribution of the deceased towards his family at 75% of his income is to the tune of Rs. 1500/- per months, i. e. after deduction of 25% of the income towards his personal expenses. By applying multiplier 10, the learned Tribunalhas finally came to a conclusion that the loss of income of the petitioners at Rs. 1,80,000/-, funeral expenses of the deceased at Rs. 10,000/- and rs. 10,000/- towards loss of love and affection etc. As such the learned Tribunal has awarded 2,00,000/- in total in favour of the petitioners along with interest @ 9% per annum from the date of filing of. the Misc. Case, i. e. 17-2-1998 till the date of payment.

(3.) THE appellant Insurance Company has challenged the award mainly on the grounds that since the deceased is a passenger in a goods vehicle, the insurer has no liability to indemnify the owner of the vehicle and pay the compensation to the claimants; the income of the deceased as has been assessed by the Tribunal at Rs. 1500/- per month is on the higher side; the Tribunal has wrongly deducted 1/4th of the total income towards personal expenses of the decreed instead of 1/3rd; award of Rs. 10,000/- towards funeral expenses and Rs. 10,000/- towards loss of love and affection are on the higher side; interest of 9% has been awarded by the tribunal is also on the higher side and as such the appellant Insurance Company has challenged the quantum of the award passed by the learned Tribunal.