NEW INDIA ASSURANCE CO LTD Vs. AMARJIT KAUR

JUDGEMENT

(1.) THIS appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, challenging the award dated 22.10.2005 passed by the Motor Accident Claims Tribunal, Patiala (for brevity, "MACT"). The Tribunal, after detailed consideration, has recorded finding that in the accident between the Maruti Car bearing No.DDQ-2831 and the tractor, Jaswinder Singh has died on 5.11.2002. It has further been held that the claimant-respondents had no where imputed negligence to the driver/owner of the Tractor No.PB-44-2688. It has been found as a fact that accident had occurred on 5.11.2002 and an FIR No.313 dated 5.11.2002 was registered at Police Station Patran. The annual dependency of the claimants has been taken to be at Rs.16,800/-. The income of the deceased, who was 24 years old, has been found to be Rs.2100/-, concluding that he must be contributing Rs.1400/- per month, a multiplier of 16 has been applied to award a sum of Rs.2,68,800/- to the claimants. It has further been found that the driver of the Maruti car was holding a valid licence and the appellant- Insurance Company could not avoid its liability to induct the insured for the awarded amount.

(2.) HAVING heard the learned counsel, we are of the view that no interference of this Court in the afore-mentioned findings would be warranted as the same are based on cogent evidence and cannot be considered to be perverse in any manner whatsoever. The appeal is wholly without merit and accordingly the same is dismissed in limine.