ORIENTAL INSURANCE CO.LTD. Vs. LAXMI PRADHAN

JUDGEMENT

(1.) THIS appeal has been filed by the opposite party No.2/Insurance Company challenging the award -dated 01.09.2004 passed by the learned Member, 2nd Motor Accident Claims Tribunal (S.D.), Berhampur in M.A.C. No.606 of 2000 (183/99) filed by the claimant/Respondent Nos. 1 to 5, who are the wife and sons and daughter of one Simanchala Pradhan, who died in a road accident caused on 27.03.1999 due to rash an negligent driving of the driver of a Trekker bearing Registration No. OR -07B -1982.

(2.) THE case of the claimants/Respondents is that the deceased, who died in a road accident due to rash and negligent driving of the driver of the offending vehicle, was aged about 44 years at the time of his death and was earning Rs.2500/ - per month as a businessman. They had claimed Rs.2,50,000/ - as compensation along with cost and interest. The respondent No.1/owner of the vehicle was set ex -parte and the appellant/Insurance Company, which was opposite party No.2 before the Tribunal had filed its written statement denying the allegations made in the claim application.

(3.) THE Tribunal taking into consideration all the facts and materials available on record, both oral and documentary, awarded compensation of Rs.1,34,000/ - applying 13 years multiplier, together with cost of Rs.500/ - and interest at the rate of 9% per annum from 18.04.1997, i.e., the date of filing of the claim application till the date of realization, assessing the contribution of Rs.10,000/ - per annum to the family from the income of Rs.1250/ - per month i.e. Rs.15,000/ - per year after deducting 1/3 of the income towards his personal expenses and directed opposite party No.2/Insurance Company (appellant) to pay the amount indemnifying the owner of the vehicle, since the vehicle was insured with it at the time of the accident.