NATIONAL INSURANCE CO. LTD. Vs. LAKHWINDER KAUR

JUDGEMENT

(1.) This appeal is by the insurance company disputing the liability foisted upon it by the Motor Accident Claims Tribunal, Patiala (for brevity, the tribunal'), vide its order dated 03.11.2011 whereby the appellant-Company (for short 'the appellant') was held liable to make the compensation to the tune of Rs.21,52,000/-. Facts not in dispute

(2.) On 04.06.2010, Raghbir Singh (since deceased) was coming from his office on his Platine Motorcycle bearing No. PB-13-W-2247 (T) and was proceeding towards his village Shahpur and his brother Jagtar Singh was following him on his separate motorcycle. When they reached near Nabha Thurhi road, near the brick kiln, then truck tipper bearing No. PB-23-H-9611 came from the opposite sit, which was being driven at a high speed and in a rash and negligent manner, struck in the motorcycle of Raghbir Singh, as a result of which he fell down and suffered multiple injuries. He was taken to Civil Hospital, Nabha, where he was declared dead. F.I.R No. 85 dated 05.06.2010 U/S 279/427/304-A IPC was got registered in this regard.

(3.) The learned Tribunal assessed the income of the deceased at Rs.14646/- per month, as per salary certificate and 30% added towards future prospects and the amount comes to Rs.19039 and after deduction of income tax, his salary was taken to Rs.17,000/-deducted , deduction of 1/4th was applied towards personal expenses and the annual dependency comes to Rs.24000/- and the annual dependency comes to Rs.1,53,000/- and considering the age of the deceased, the multiplier of 14 was applied. The claimants were awarded compensation of Rs.21,42,000/- and Rs.5000/- each towards loss of consortium and funeral expenses. The total compensation comes to Rs.21,52,000/- Arguments Advanced