NEW INDIA ASSURANCE CO. LTD. Vs. LABH KAUR

JUDGEMENT

(1.) THIS is an appeal filed by the New India Assurance Company Limited, hereinafter described as "the appellant", directed against the award of the Motor Accident Claims Tribunal, Ambala, dated 29-11-1995. By virtue of the impugned award, the learned Tribunal had awarded compensation of Rs. 2,30,000/- to the claimants with interest at the rate of 12% per annum from the date of filing of the petition till final realisation.

(2.) THE facts alleged by the claimants Labh Kaur and others are that on 6-10- 1992 at about 8.00 p.m. Nachhater Singh, husband of Smt. Labh Kaur, was coming from village Mastpur after completing his work in the field. He was accompanied by Jarnail Singh. When they were on the outskirts of the village, one Amarjit met them. They were standing on the earthen berm of the road running from Matheri Sheikhan to village Kalaur. In the meantime, truck bearing registration No. HNA-6195 driven by Baldev Singh in a rash and negligent manner came from the side of village Matheri Sheikhan. He did not blow any horn and over ran Nachhattar Singh. Nachhatar Singh received multiple injuries and later on succumbed to his injuries in the Mission Hospital, Ambala. The deceased was 40 years of age at the time of accident. It was alleged that he was having six acres of land and used to earn Rs. 10,000/- per month from the truck and Rs. 5000/- per month from agriculture.

(3.) THE learned Tribunal held that the truck was being driven in a rash and negligent manner and further concluded that the insurance company, appellant, was liable to pay the compensation. It was taken note of that after the death of Nachhatar Singh, the claimants had employed a driver at a salary of Rs. 1500/- per month or Rs. 18,000/- per annum. Taking stock of the said fact, compensation of Rs. 2,30,000/- was awarded and multiplier of 10 had been applied. Rs. 5000/- was awarded per year for the loss of Nachhatar Singh to the members of the family.