NEW INDIA ASSURANCE COMPANY LIMITED Vs. AMANBIR KAUR

JUDGEMENT

(1.) C M-2597-CII-2016

(2.) The Tribunal took the monthly income of the deceased as Rs.22,428/- and added 50% of future prospects in it since he was working in the Indian Army. It applied the deduction of 1/3rd and assessed the income at Rs.2,69,136/-p.a. It also deducted Rs.7121/- towards income tax during the relevant financial year and therefore the dependency of the claimants comes to Rs.2,62,015/- per annum. It also applied the multiplier of 17 since the deceased was 28 years of age. It further awarded Rs.1 lac towards loss of consortium, Rs.1 lacs towards loss of love and affection and Rs.25,000/- as funeral expenses. Resultantly, the Tribunal awarded total compensation comes to Rs.46,79,255/- alongwith interest @ 7% p.a.

(3.) In my opinion, this argument cannot be accepted. No doubt a vehicle which is overladen (and more particularly a motorcycle which has 2-3 pillion riders) becomes that much harder to control but that would not and can not give rise to an inflexible presumption that it must be a contributory cause for every accident. The Tribunal has rightly relied upon the judgment of the Madhya Pradesh High Court in the matter of Devi Singh vs. Vikram Singh and others, 2008 2 RCR(Civ) 107 .wherein a Full Bench speaking through Chief Justice A.K. Patnaik (as his Lordship then was) in similar circumstances held as follows to the questions referred to it:-