NATIONAL INSURANCE COMPANY LIMITED Vs. RAM SEWAK PANDEY

JUDGEMENT

(1.) The award dated 3.1.2013 passed by Motor Accident Claims Tribunal,Gurgaon (hereinafter referred to as 'the Tribunal'), has been assailed by the insurer of vehicle bearing registration No.DL-2CAL-6845 ( for short 'the offending vehicle') being aggrieved of quantum of compensation awarded under Section 166 of the Motor Vehicles Act,1988 (for short 'the Act').

(2.) The facts in brief are that on 23.10.2010 deceased Hosila Pandey alongwith his nephew Deepak Pandey was coming from Ghata village to market. On the way, the offending vehicle came from front side and dashed into the deceased who was standing on the verge of the road. As a result of the impact, Hosila Pandey sustained injuries and succumbed to the injuries. FIR No. 117 dated 23.10.2010 was registered at Police Station Sector 56, Gurgaon. A claim petition under Section 166 of the Act was filed by one brother aged 40 years and married sister aged 43 years. The Tribunal awarded a sum of Rs.4,07,500/- along with interest at the rate of 7.5% per annum and respondents were held jointly and severally liable to pay compensation.

(3.) Learned counsel for the appellant states that the claimants were not dependant upon the earning of the deceased. He argues that the brother and sister of deceased were residing at Bihar whereas deceased was residing at Gurgaon. He contends that nothing was produced on record to show that the deceased was contributing his earning for claimants, the Tribunal erred in awarding loss of dependency.