NATIONAL INSURANCE COMPANY Vs. TARSNO AND ANOTHER

JUDGEMENT

(1.) The insurance company has disputed the liability placed upon them by the Motor Accident Claims Tribunal, Sirsa. It would be necessary to mention here that in the first page of the award the name of the insurance company does not figure but it is not disputed that the vehicle was insured with National Insurance Company i.e. the appellant. It appears that there is a typing error.

(2.) The record of this file had been burnt in the fire accident which had taken place in the year 2011. Only the copy of the award could be reconstructed. The insurance company has placed on record copy of the statement made by their Assistant Manager, copy of the statement made by the driver-Swaran Singh and the report Mark-A & Mark-B as well as the copy of the driving licence obtained from the trial Court record. The counsels appearing for the parties agreed that the matter can be decided on the basis of whatever is available on the record.

(3.) An accident had taken place on 24.10.1993 in which Rajpal who was just 23 years old had died. He was married. The claim petition was filed by his mother, wife and the minor sister. No evidence could be led to show that the deceased was a helper, therefore, his income was taken as Rs.2,100.00 per month. The minimum wages in the year 1993 were Rs.1,046.50.00 per month. The Tribunal had deducted ?rd and had applied the multiplier of 16 to calculate the compensation to be Rs.2,56,000.00. A sum of Rs.5,000.00 was added as funeral expenses.