NEW INDIA ASSURANCE COMPANY LIMITED Vs. JASBIR KAUR

JUDGEMENT

(1.) THE above titled two appeals have been directed against the award dated 15.9.2011 passed by learned Motor Accidents Claims Tribunal, Ludhiana (for short, "the Tribunal"). The claim petition had been brought by Jasbir Kaur and others under section 166 of the Motor Vehicles Act, 1988 seeking compensation on the death of Santokh Singh.

(2.) THE said claim petition had been allowed by learned Tribunal in a sum of Rs. 2,79,000/ -. While FAO No. 6875 of 2011 has been brought by New India Assurance Company Limited seeking exoneration from the liability to satisfy the award on the ground of the driver of the offending vehicle not possessing a valid and effective driving licence on the date of accident, FAO No. 1316 of 2012 is brought by the claimants seeking enhancement of compensation. Santokh Singh died in a roadside accident that took place on 16.03.2009. He was 43 years of age at the time of accident and was an agriculturist doing dairy business and was, thus, earning Rs. 20,500/ - per month. The claimants, who are widow, children and mother of the deceased, have claimed compensation in a sum of Rs. 35 lakhs on his death.

(3.) LEARNED Tribunal took the income of the deceased at Rs.3,000/ - per month. Deducting 1/3rd therefrom towards personal and living expenses of the deceased, a sum of Rs.2000/ - was taken as monthly dependency of the claimants, which on multiplication with 12, revealed the annual dependency as Rs. 24,000/ -. Multiplier of 11 has been selected taking the age of the deceased as 45 years and, thus, a sum of Rs.2,64,000/ - has been assessed as the amount lost by the claimants in the death of Santokh Singh. To it, a sum of Rs.15,000/ - has been added under the conventional heads and a sum of Rs.2,79,000/ - has been assessed as compensation.