ORIENTAL INSURANCE CO LTD Vs. ANJU YADAV

JUDGEMENT

(1.) On account of death of Lalit Kumar, aged about 25 years stated to be working as Sales Manager at Yaduvanshi Motors, Rewari Road, Narnaul with its Head Office at Rewari, getting monthly salary of Rs.15,000/- per month, in a road side accident, which took place on 13.11.2016 at about 8:30 p.m. in the area of village Nangal Sirohi, Police Station Mohindergarh, allegedly due to rash and negligent driving of WAGON R car bearing registration No.HR-35-K-8459 (hereinafter referred to as the offending vehicle) by its driver Omparkash - respondent No.1, legal representatives of Lalit Kumar - deceased including his wife Smt.Anju Yadav, minor daughter - Ms.Himanshu, mother - Smt.Bimla Devi and father - Sh.Manphool Singh, had brought a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation to the tune of Rs.80 lacs. In the said claim petition, they impleaded Omparkash - driver, Raj Kumar - owner and Oriental Insurance Company Ltd., New Delhi - insurer of the offending vehicle as respondents. That claim petition was contested by all the three respondents.

(2.) Vide Award dated 12.2.2018, learned Motor Accidents Claims Tribunal, Narnaul allowed the claim petition and awarded compensation of Rs.30,68,800/- with interest and cost to the claimants.

(3.) The respondent No.3 - insurance company felt aggrieved by the said Award and has approached this Court by way of filing an appeal praying that the Award in question be modified since the monthly income of the deceased has been taken to be on higher side and future prospects have been wrongly awarded and deduction to the extent of 1/4th towards personal expenses has been wrongly made instead of 1/3rd.