NEW INDIA ASSURANCE CO LTD Vs. DHARAM VATI

JUDGEMENT

(1.) This order will dispose of F.A.O. No. 948 of 1984 and Cross- objection No. 49-CII of 1997, filed in the said appeal. In the appeal under section 110-D of the Motor Vehicles Act, 1939 ('Act' for short) the appellant New India Assurance Co. Ltd. assails the award dated 17.8.1984 passed by the Motor Accidents Claims Tribunal ('Tribunal' for short), Ambala, whereby the claim petition of the claimants for the demise of Lt. Anil Kumar was accepted and a sum of Rs. 2,20,320 was awarded. It was directed that the said amount shall be paid by all the respondents before the Tribunal jointly and severally and shall carry interest at the rate of 10 per cent per annum from the date of filing the petition, viz., 30.9.1982 till realisation of the amount. In cross-objection respondent Nos. 1 to 3 have prayed for modification of the said award by enhancing the amount of compensation awarded.

(2.) Lt. Anil Kumar of 22 Sikh Regiment died in a motor vehicular accident which occurred on 17.7.1982 near Saket, within the jurisdiction of Police Station, Chandi Mandir, District Panchkula. The deceased Lt. Anil Kumar was sitting on the pillion of the motor cycle driven by Lt. Surinder Jhakhar. The said motor cycle was hit from the opposite side by an Ambassador car No. HPZ 71 which had come towards the wrong side of the road and was being driven by Darshan Singh, respondent No. 4. As a result of the collision injuries were sustained by both the occupants of the motor cycle. They were taken to the hospital and Lt. Anil Kumar succumbed to his injuries. The parents of the deceased and his minor brother filed a claim petition claiming compensation on account of the demise of Lt. Anil Kumar to the extent of Rs. 3,00,000. Ambassador car was owned by Jagjit Singh, the respondent No. 5 and was insured with the appellant New India Assurance Co. Ltd.

(3.) The Tribunal after considering the evidence on record came to the conclusion that the death of Lt. Anil Kumar was caused because of the rash and negligent driving of Ambassador car No. HPZ 71 driven by Darshan Singh, respondent No. 4. It was, however held that the claim of the minor younger brother of the deceased was not maintainable and only the parents of the deceased, i.e., respondent Nos. 1 and 2 were entitled to compensation. Besides, on the basis of the earning of the deceased and keeping in view his age which was less than 24 years a multiplier of 18 was applied. The compensation payable for the demise was assessed by the Tribunal to the extent of Rs. 2,20,320. Besides, interest at the rate of 10 per cent per annum was awarded from the date of filing the petition, viz., 30.9.1982 till realisation of the amount. The said order of the Tribunal, as already noticed, is assailed in this appeal.