NEW INDIA ASSURANCE COMPANY LIMITED Vs. KULWANT KAUR

JUDGEMENT

(1.) The above titled two appeals arise out of the award dated 19.5.2011 passed by learned Motor Accidents Claims Tribunal, Fatehgarh Sahib (for short, "the Tribunal"). On the death of Bant Singh in a roadside accident that took place on 11.3.2008, his wife and children have brought a claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation in a sum of Rs. 50 lakhs. Learned Tribunal allowed the claim petition and awarded a sum of Rs. 11,49,000/- as compensation. New India Assurance Company Limited, who has brought FAO No. 5718 of 2011, challenges the award on the quantum of compensation whereas, FAO No. 5999 of 2011 has been filed by the claimants seeking enhancement of the same. To be precise, while the insurer claims that more compensation has been wrongly awarded, the claimants claim that the compensation awarded by learned Tribunal is less than what was due to them.

(2.) Bant Singh had been 61-62 years of age. He was doing the business of catering in Virginia State of U.S.A. and was earning $5000 per month apart from getting $400 in the name of social security. A sum of Rs. 50 lakhs is, thus, claimed as compensation.

(3.) The claim petition has been resisted by the respondents. They have denied the averments of the claimants regarding the age, occupation and income of the deceased. They have denied the claimants to deserve a sum of Rs. 50 lakhs as compensation and they have prayed for dismissal of the claim petition.