JALPATI Vs. PREMO

JUDGEMENT

(1.) Two cross appeals, as noticed above, are being disposed of by this single judgment, having arisen out of the same impugned award dated 25.03.1991, passed by the learned Motor Accident Claims Tribunal, Jind (for short 'the Tribunal'), on account of death of Rajinder Singh, aged 40 years in a motor vehicular accident. The learned counsel for the appellants in FAO No. 1430 submits that the learned Tribunal has wrongly applied deduction of 1/3rd on account of personal expenses of the deceased keeping in view the number of dependents. The learned counsel further contends that the multiplier has also been wrongly applied. The learned counsel lastly argued that the compensation awarded under the head loss of love and affection is also inadequate.

(2.) Learned counsel for the appellants-owner and driver in FAO No. 1431 of 1991 contends that the offending tractor was fully insured with the respondent-Oriental Insurance Company. Therefore, its liability ought not have been limited.

(3.) I have heard the learned counsel for the parties and perused the record.