UNITED INDIA INSURANCE COMPANY LTD Vs. HARBIR KAUR

JUDGEMENT

(1.) THIS judgment will dispose of FAO No 743 of 1988 (United India Insurance Company Ltd. and Anr. vs. Harbir Kaur and Ors.) AND FAO No. 873 of 1988 (Harbir Kaur and Ors. vs. Inder Singh and Ors. ).

(2.) ON January 27,1987, Gurbachan Singh Bedi while driving Scooter on G. T. Road was hit by track No. RNC-2886 (previous No. MNP-4197) which was being driven by Inder Singh, respondent No. 1 and owned by Karam Singh, respondent No. 4 and as a result of the accident, he died at the spot On the finding that the accident took place due to the rash and negligent driving of respondent No. 1, Inder Singh, the. Motor Accident Claims Tribunal awarded a sum of Rs. 7,20,000/- as compensation to the claimants Harbir Kaur and her two minor children. The liability to pay compensation was fastened on the Insurance Company and Karam Singh, owner of the offending vehicle, respondent Nos. 3 and 4 respectively. The liability of Insurance Company was held to be unlimited as per policy Ex. RX (also Ex. RW2/1 ).

(3.) THE other plea is that the Tribunal has assessed the entire income of the deceased as dependency of the claimants and it has further fell in error in applying the multiplier of 20. 4. On the other hand, the claimants have filed FAO No. 873 of 1988 for enhancement of compensation on the ground that the income of the deceased must have increased in due course of time.