NATIONAL INSURANCE COMPANY LIMITED Vs. GURDEV KAUR

JUDGEMENT

(1.) THIS appeal has been filed against the award dated 11.11.2013 passed by the MACT, Hoshiarpur.

(2.) BRIEF facts of the case are that on 12.03.2012 at about 6.30 p.m. Ashok Kumar (since deceased) was driving motor cycle bearing no. PB - 07Q -3340 and was returning from village Nasrala to his native village Chak Gujran. Piara Lal son of Harnam Dass was following him on another motor cycle. When Ashok Kumar reached Hoshiarpur -Jalandhar Road, a tempo traveller bearing No. PB -01 -7134 came from opposite side being driven in a very rash and negligent manner and at a very high speed struck against the motor cycle of the deceased with full force on coming to wrong side of the road due to which the deceased was stuck in the front wheel of the tempo traveller and was dragged to some distance and received various multiple grievous injuries. He was shifted to Civil Hospital, Hoshiarpur but he died on the way to hospital. He was 25 years of age at the time of his death. The Tribunal presumed him to be a labourer, assessed his monthly income at Rs. 4000/ - to which deduction of 50% was applied towards the personal expenses of the deceased. 30% increase was granted to him towards future prospects and multiplier of 18 was applied. Amount of Rs. 25,000/ each was awarded for funeral expenses and loss of love and affection. In this way the total compensation awarded to the claimants was Rs. 6,21,600/ -.

(3.) LEARNED counsel for the appellant has primarily argued on the correctness of the view taken by this Court in FAO No. 5181 of 2010, Nanak Singh and another v. State of Punjab and another decided on 17.01.2014 where this Court held as follows: -