NEW INDIA ASSURANCE CO LTD Vs. BIMALA DEVI

JUDGEMENT

(1.) THE insurance company is in appeal against the award dated 19. 12. 2005 passed by the Motor Accidents claims Tribunal, Kurukshetra (for brevity, 'the Tribunal' ). The appeal has been filed under section 173 of the Motor Vehicles act, 1988. The Tribunal has recorded the findings after detailed analysis of the evidence that Mehar Chand, close relation of claimants-respondents had died in the accident which had occurred on 3. 11. 2004 at about 7 p. m. on account of rash and negligent driving of tractor-trolley No. HR 07-C 5482 by its driver Suresh Kumar, the respondent No. 7. The tractor-trolley is owned by Ram Swarup, respondent No. 8. Mehar Chand had died on the spot and the tractor-trolley had fled from the scene of occurrence. The number of tractor-trolley was not recorded in the F. I. R. but its driver suresh Kumar, respondent No. 7, is alleged to have made extra-judicial confession before one eyewitness Rameshwar Dass, who is stated to have followed the tractor-trolley up to 1 km. The findings of the tribunal on the aforementioned issue in the concluding two paras reads as under:

(2.) THE age of the deceased has been found to be 49 years and his gross salary has been proved on record as Rs. 12,083 which include contribution of Rs. 4,000 to g. P. F. After deducting the element of tax, salary of the deceased has been taken to be Rs. 12,000 per month. 1/4th cut has been imposed to leave 3/4th for claimants, who are six in number, namely, Bimla Devi, widow, Pawan Kumar his son, Sumar Lata, wife of Pawan Kumar, Nafe Singh, another son, sunita Rani, daughter and Nathu ram, the father. Accordingly, Rs. 9,000 has been found to be the dependency and a multiplier of 13 has been imposed. Further assessment has been made in para 21, which reads as under:

(3.) IN the final award, Suman Lata, the claimant-respondent No. 3, the daughter-in-law of the deceased, has not been held entitled to any share. Tribunal has also awarded interest at the rate of 7. 5 per cent per annum by following the judgment of the Hon'ble Supreme Court in the case of tamil Nadu State Trans. Corpn. Ltd. v. S. Rajapriya, 2005 ACJ 1441 (SC ).