NATIONAL INSURANCE COMPANY LTD Vs. NIRMLA DEVI

JUDGEMENT

(1.) THE National Insurance Company (hereinafter to be referred as "the appellant") has filed the present FAO against award dated 27.7.1993 passed by the Motor Accident Claims Tribunal, Bhiwani whereby the appellant (along with the driver and the registered owner of the offending vehicle) was held jointly and severally liable to pay the amount of compensation (with interest @ 15% per annum with effect from the date of application till the date of recovery thereof).

(2.) THE plea raised by the claimants and upheld at the trial was that they are legal representatives of Sham Lal Mittal (husband of appellant Mst. Nirmala Devi, father of appellants Shekhar Mittal and Sudhir Mittal and son of appellant Mst. Nanhi Devi, who was given up as dead on 14.5.1993 before the Tribunal). The further allegation is that truck No. HRH 5960 (driven by respondent No. 6 - Rajinder Singh) had caused the impugned accident. That vehicle was owned by respondent No. 7 - Tulsi Lal, who died during the trial and who is represented by his legal representatives i.e. respondents No. 7(i) to 2(v).

(3.) AS against it, the claimants have filed cross objections pleading for the applicability of a higher multiplier. The further plea in the cross objections is that the deduction of 1/3rd income for the personal upkeep of the deceased deserves to be diluted in view of the fact that the deceased had a large number of dependents to support. That deduction of 1/5th ought to have been applied was the plea raised in the context.