NATIONAL INSURANCE COMPANY LIMITED Vs. SURTI DEVI

JUDGEMENT

(1.) THE claim arises out of death of a cleaner of a vehicle and the accident was said to have taken place on 4.9.1998 when cement bags had been loaded in a truck bearing registration No.HNG - 3699 and when the driver had given instructions to cover the cement bags with taurpaulin and tie them with rope. At that time the insured 'svehicle GJ -IV -4266 came in reverse direction without noticing deceased doing his work and crushed him between two vehicles. The accident, as spoken to by PW -2 Ramesh Kumar, who has employed by the same owner where the deceased was working was that the accident had taken place outside the factory premises in a yard. In the cross examination, it was elicited as follows: - "The yard where truck No.HNG -3699 was parked for covering the cement bags with Tarpolin was within the boundary walls of the factory. A number of trucks were parked in the yard. Truck belonging to one Banwar Singh driver was also parked at that place in the yard. I do not know the number of the truck on which Banwar Singh was employed as driver."

(2.) THE Tribunal found the driver of the insured to be negligent and granted compensation. While assessing the amount, the Tribunal took the income to be Rs.2,500/ -, deducted l/3rd for personal expenses and provided for 2/3rd as contribution to the mother who was the claimant. The multiplier of 17 there adoptedand Tribunal granted compensation of Rs.3,48,000/ -.

(3.) AS regards the claim for enhancement of compensation, the Tribunal has taken the income of the cleaner to be Rs.2,500/ - and applied the multiplier as provided in Schedule -II. The only lapse if it could be stated is that it does not provide for loss to estate which schedule -II provides at Rs. 2,500/ - that is only additional amount that could be added to the award already passed by the Tribunal. The amount shall also attract interest at 6% from the date of the petition till the date of payment.