RELIANCE GENERAL INSURANCE CO. LTD. Vs. DAYA DEVI

JUDGEMENT

(1.) Vide this common order, XOBJC No.47-CII of 2017 and FAO No.4181 of 2016 are being disposed of.

(2.) Claim petition was preferred by the claimants/respondents No.1 and 2 on account of death of their son Manesh Kumar in a road accident on 12/11/2014. The deceased was sitting on kachha portion of the road along with his cousin Harender Kumar when the offending car driven by respondent No.3 came in a rash and negligent manner and hit the deceased and one another vehicle. The deceased suffered fatal injuries on his head and other parts of the body. Harender Kumar took the deceased to the hospital where he was declared brought dead.

(3.) At the time of accident, the deceased was 21 years of age. He was serving in Vodafone office, Haily Mandi. His income was assessed to be Rs.12,500.00 per month. Motor Accident Claims Tribunal, Gurgaon (for short 'the Tribunal') while deducting an amount of Rs.2500.00 towards conveyance allowance, held the income of the deceased to be Rs.10,000.00per month to which addition of 50% was applied towards future prospects. Thereafter, 50% of the income was deducted towards personal expenses of the deceased being a bachelor. Multiplier of 18 was applied and loss of dependency was calculated to be Rs.16,20,000.00. Again an amount of Rs.1,00,000.00 towards loss of love and affection and an amount of Rs.25,000.00 towards funeral expenses were added, thereby making the total entitlement of the appellants to the tune of Rs.17,45,000.00. Insurance Company was held liable to pay the aforesaid amount along with costs.