ORIENTAL INSURANCE COMPANY LTD. Vs. MOHINDRO DEVI

JUDGEMENT

(1.) Appeal has been filed by the Insurance Company challenging award dtd. 23/9/2014, passed by the learned Motor Accidents Claims Tribunal, SAS Nagar, Mohali, (hereinafter referred to as 'the Tribunal') awarding compensation of Rs.18,10,056.00 to Respondent Nos.1 to 4 i.e. widow, two minor children and mother of deceased Nar Singh, who died in a motor vehicular accident on 28/6/2012.

(2.) The Tribunal took into account the age of the deceased as 52 years, occupation as home guard and assessed the monthly income of the deceased as Rs.15,744.00. A deduction of 1/4th of the income of the deceased was made by the Tribunal towards his personal expenses. Thereafter, by applying multiplier of '11' and by awarding a sum of Rs.1.00 Lakh on account of loss of spousal consortium and Rs.1.00 lakh on account of loss of love and affection to the two minor children besides Rs.25,0000.00 as funeral expenses, total compensation of Rs.18,10,056.00 was awarded.

(3.) Learned counsel for the appellant contended that since admittedly the deceased was being paid salary of Rs.11,478.00 in the month of May, 2012, income assessed at Rs.15,744.00 by taking notional annual increase in the salary was legally not sustainable especially for the claim for notional annual increase, would be taken care of by award of future prospects. Learned counsel further contended that Rs.1.00 Lakh payable on account of loss of spousal consortium was liable to be reduced to Rs.40,000.00 while no amount was payable on account of loss of love and affection to the minor children. Learned counsel further contended that Rs.25,000.00 awarded on account of funeral expenses was also liable to be scaled down to Rs.15,000.00.