MAGMA HDI GENERAL INSURANCE CO LTD. Vs. MEENU

JUDGEMENT

(1.) Appeal and cross objection, as noticed above, are being disposed of by this common judgment, having arisen out of the impugned award dtd. 13/11/2014 passed by the learned Motor Accident Claims Tribunal, Patiala.

(2.) The facts which are not in dispute are that on 24/4/2013, deceased Anil Kumar was going to his workshop from his house on motorcycle bearing registration No. PB-11AR-2445. Kanwal Kumar brother of the deceased was following the motorcycle of the deceased on his motorcycle bearing No. PB-11AM-1848 and Sravan Vasan was the pillion rider on the motorcycle of the brother of the deceased. At about 9 A.M, a truck bearing No. PB-11AH/8489 being driven in a rash and negligent manner came from rear side and struck against the motorcycle of the deceased due to which the deceased fell on the ground and received multiple injuries. The deceased received multiple and grievous injuries and was taken to Rajindra Hospital, Patiala and was declared dead. F.I.R No. 90 dtd. 24/4/2013 under Ss. 279/304-A/337/427 IPC was registered at P.S. Kotwali, Patiala.

(3.) While assessing the compensation, the Tribunal took the income of the deceased-Ajay Kumar at Rs.1,95,000.00 per annum and 1/3rd was deducted towards personal expenses. Thereafter, the Tribunal applied the multiplier of 13. Further the Tribunal awarded Rs.10,000.00 towards funeral expenses and Rs.1,00,000.00 towards loss of consortium. The total compensation awarded to the claimants was Rs.18,40,000.00.