SURINDER KAUR Vs. SANJEEV KUMAR

JUDGEMENT

(1.) This judgment shall dispose of FAO No.4431 of 2014 (Surinder Kaur and others v. Sanjeev Kumar and others) and FAO No.6967 of 2014 (National Insurance Company Ltd. v. Surinder Kaur and others) which arise out of award dtd. 28/2/2014 passed by the learned Motor Accident Claims Tribunal, Ludhiana (hereinafter referred to as, the 'Tribunal'). FAO No.6967 of 2014 has been filed by the Insurance company challenging its liability to pay the compensation in this case. FAO No.4431 of 2014 has been filed by the claimants seeking enhancement of the compensation awarded to them.

(2.) Brief facts necessary for the adjudication of the case are that, the claimants filed a petition under Sec. 166 of the Motor Vehicles Act (for short, the 'Act') seeking compensation on account of death of Jagwinder Singh, who lost his life in a motor vehicle accident which took place on 12/3/2011. FIR No.38 dtd. 13/3/2011 (Ex.PX) under Ss. 279/427/304A IPC was registered against respondent No.1 at the instance of CW2 Ramesh Kumar. Learned Tribunal on considering the facts and evidence on record concluded that the accident in question took place due to the rash and negligent driving of threewheeler bearing registration No. PB-10BU-1356 by its driver respondent No.1- Sanjeev Kumar.

(3.) Learned Tribunal awarded a total sum of Rs.6,62,000.00 to the claimants. Deceased-Jagwinder Singh was held to be 38 years old at the time of the accident. Income of Jagwinder Singh was assessed as Rs.20,384.00 per month Deduction to the extent of 50% on account of personal expenses was effected. Multiplier of 5 was applied. Rs.25,000.00 each was awarded on account of loss of estate and funeral expenses.