NATIONAL INSURANCE CO LTD Vs. KAMLA SHARMA

JUDGEMENT

(1.) THIS judgment will dispose of F.A.O. Nos. 476 and 515 of 1985 as well as Cross Objection Nos. 77 -CII and 78 -CII of 1985 as these have arisen out of common award of the Motor Accident Claims Tribunal, Chandigarh. F.A.O. No. 515 of 1985 has been filed by the Insurance Company whereas F.A.O. No.476 of 1985 has been filed by Balbir Singh, driver of the offending vehicle. In both these appeals the prayer is for setting aside the award of the Tribunal whereas in Cross Objections No. 77 CII and 78 CII of 1985 filed by Kamla Sharma, claimant, the prayer is for enhancement of compensation.

(2.) IN the appeals as well as in cross objections, the question is with regard to quantum of compensation.

(3.) THE Tribunal while awarding the compensation calculated the income of the deceased at Rs. 995.30p. and keeping in view the future promotion avenues assessed the income of the deceased at Rs. 1500/ - per month and after deducting 1/3 rd as his personal expenses assessed the dependency of the claimants on the deceased at Rs. 1,000/ - per month i.e. Rs. 12,000/ - per annum. By applying a multiplier of 20, the Tribunal had awarded a sum of Rs. 2,40,000/ - as compensation to the claimants alone with 12% interest. The compensation amount was to be paid by the respondents jointly and severally.