ORIENTAL INSURANCE COMPANY LTD. Vs. MALKIAT KAUR

JUDGEMENT

(1.) Present appeal has' been filed by Oriental Insurance Company Ltd. challenging award dtd. 21/12/2008 passed by the learned Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as the 'Tribunal').

(2.) Brief facts necessary for adjudication of the case are that the claimants/respondents No. 1 to 4 filed a petition under Sec. 166 of the Motor Vehicles Act seeking compensation on account of death of Jagtar Singh on 11/12/2016 in a motor vehicle accident caused due to driving of the offending vehicle, i.e. Bus bearing registration No. CH01-G1-7554 by respondent No. 5 in a rash and negligent manner. It is pleaded that Jagtar Singh was crossing the road leading from Tribune Chowk to Hallomajra from the side of Industrial Area, Phase-1 towards PRTC workshop. When he reached near the divider of the road, offending vehicle Chandigarh Transport Undertaking (CTU) Bus bearing registration No. CH01-G1-7554 came at fast speed from the side of Tribune chowk and being driven in a rash and negligent manner, struck against the deceased. As a result thereof, he received serious injuries and succumbed to them.

(3.) Learned Tribunal on consideration of the facts and evidence on record held that the accident in question took place on 11/12/2016 due to rash and negligent driving of the offending vehicle, i.e. Bus bearing registration No. CH01-G1-7554, by respondent No. 5. The deceased aged 42 years is stated to be working as a Constable with the Chandigarh Police at the time of his death besides earning pension of Rs.20,000.00 per month, having retired as a Hawaldar after serving the Indian Army. Learned Tribunal awarded a sum of Rs.77,77,322.00 with interest at the rate of 9% per annum from the date of filing of the claim petition till date of actual realisation of the award. Income of the deceased was assessed as Rs.51,004.00 per month i.e. Rs.6,12,048.00 per annum and after deducting income tax income of the deceased was assessed as Rs.5,64,639.00 per annum. 30% increment was afforded on account of future prospects. Deduction of 1/4th was effected, keeping in view the number of dependants. Multiplier of 14 was applied. Additionally, a sum of Rs.40,000.00 on account of loss of consortium was awarded besides a sum of Rs.15,000.00 each on account of loss of estate and 'funeral expenses.