UNITED INDIA INSURANCE COMPANY Vs. TARAWANTI AND ORS

JUDGEMENT

(1.) The Insurance Company challenges the liability on the ground that the driver had driving licence only to drive motor car and jeep and did not have any authorization to drive a tractor. I am of the view that it would not make any difference since there is no particular category of form of licence for a tractor under Section 10 of the Motor Vehicles Act.

(2.) As regards, the quantum of compensation of Insurance Company had the benefit of permission under Section 170 of Motor Vehicles Act, to take defence on all grounds. On the issue of quantum of compensation, the deceased was a mason and although the evidence was that he was earning not less than Rs. 6000/- per month, the Tribunal took the view that the income Rs. 4800/-, provided for a contribution to the family for 2/3rd and the annual dependency was taken as Rs. 3200/- per month. Multiplier of 16 was applied and determined the amount as Rs. 6,14,400/- as loss of dependency. On the said amount, the Tribunal awarded Rs. 50,000/- for loss of consortium and awarded Rs. 10,000/- for performing the last rites of the deceased. Learned Counsel for the appellant argues that loss of consortium of Rs. 50,000/- is very high. If the loss of consortium should be taken as Rs. 15,000/-, the Court should have still provide for loss of love and affection for all the minor children.

(3.) There are three children and in all Rs. 30,000/- could be awarded for loss of consortium and for loss of love and affection. The Tribunal has awarded Rs. 10,000/- towards last rites but it has not provided anywhere for loss to estate.