NEW INDIA INSURANCE COMPANY LIMITED Vs. MAHABIR SINGH

JUDGEMENT

(1.) The Insurance Company has preferred the present appeal against award dated 31.7.2006 of the Motor Accident Claims Tribunal, Rewari (hereinafter described as `the Tribunal') in M.A.C.T. Case No.58 of 2005. In an accident alleged to have taken place on 6.3.2005, one Bimla Devi lost her life. She was survived by her husband and two sons, who filed a claim petition under Section 166 of the Motor Vehicles Act,1988 (for short, `the Act') which was answered in the affirmative and a compensation of Rs.3,68,500/- was awarded to them. The award has been assailed by the appellant on the point of quantum alone. The Tribunal, during the course of proceedings, had granted permission under Section 170 of the Act to the appellant to contest the claim petition on the issue of negligence and quantum, apart from statutory defences available to it. Shri Jatin Talwar, counsel for the appellant contended that the amount of compensation was excessive keeping in view the fact that the deceased was a house wife and was not earning anything.

(2.) We have heard learned counsel for the appellant and have perused the award which reveals that the contribution on account of the services rendered by the deceased towards her family was assessed at Rs.3000/- per month and 1/3rd of the income assessed was deducted for her personal expenses. The dependency was taken at Rs.2000/- per month and a multiplier of `15' was applied keeping in view the age of the deceased which was 38 years, thus, arriving at a total figure of Rs.3,60,000/-. Besides, Rs.5000/- for loss of consortium and Rs.3500/- for transportation and last rites of the deceased were awarded to the claimants.

(3.) We are unable to persuade ourselves to agree to the submission of the learned counsel for the appellant. The reasoning adopted by the Tribunal cannot be faulted and the award cannot be termed to be excessive. The deceased was a house wife of 38 years of age and the family would be increasingly dependent upon her services at this stage of her life as the children were yet to blossom into their prime. For the foregoing reasons, we do not find any infirmity in the award of the Tribunal and the appeal is dismissed being devoid of any merit.