UNITED INDIA INSURANCE COMPANY LTD Vs. JASBIR KAUR

JUDGEMENT

(1.) THIS judgment shall dispose of both the abovementioned appeals. FAO -408 -2013, has been filed by the claimants, seeking enhancement, whereas FAO -6262 -2012, has been filed by the Insurance Company, assailing the impugned Award dated 24.7.2012, passed by the Motor Accident Claims Tribunal, Patiala (for short 'the Tribunal'), vide which, the Insurance Company has been held liable to pay the compensation to the tune of Rs. 4,60,000/ - to the claimants, on account of death of Baldev Singh in a motor vehicular accident.

(2.) LEARNED counsel for the Insurance Company refers to the statement of PW2 Roshan Lal, who was travelling as pillion rider on the motorcycle with the deceased on the fateful day and states that the truck was seen by him from a distance about two killas. He further submits that it was head on collusion, and as such it is a case of contributory negligence. He further submits that just and appropriate compensation has been awarded by the learned Tribunal.

(3.) ON the other hand, learned counsel appearing for the claimants submits that as per PMR, the age of the deceased was 35 years and therefore, in view of Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009 3 RCR(Civ) 77, the multiplier of 16 should have been applied. He further submits that no amount has been awarded towards future prospects, loss of love and affection to the wife, loss of love, care and guidance to the children. He further submits that a meager amount of Rs.10,000/ - has been awarded towards funeral expenses. He prays for enhancement of the compensation.