ORIENTAL INSURANCE COMPANY LTD. Vs. WALAYATI RAM

JUDGEMENT

(1.) BOTH these appeals are being taken up together since they have arisen out of the same accident. Facts relevant for deciding these are being briefly noted hereinafter: Wilayati Ram is the husband and Umesh Kumar is the son of late Smt. Savitri Devi (hereinafter referred to as the claimants'). On the fateful day i.e. 10th July, 1993 deceased along with claimant No. 1 Wilayati Ram were travelling in Taxi bearing Registration No. HPY-866. It was being driven by Nazir Ali. It was owned by Shri Des Raj and was admittedly insured with Oriental Insurance Company Ltd. They were on way from Nahan to Chamba.

(2.) WHEN this Taxi reached near a place known as Panchpulla, (shown as Panchkula in the statement), near Banikhet on Pathankot Chamba Highway, there was a land slide. It was also raining. According to the claimants, Wilayati Ram asked the driver not to cross the blockade. Ignoring this request of Wilayati Ram Nazir Ali tried to go across the blockade when the van rolled down into the 'Khad'. This resulted in causing injuries to Wilayati Ram for which he had filed Claim Petition No. 32-N/2 of 1995/1993.

(3.) FROM the record, it is made out that Wilayati Ram is getting family pension on account of death of Smt. Savitri Devi to the extent of Rs. 2,000/- per month. Thus loss of income was assessed at Rs. 2,400/- per month and dependence was worked cut at Rs. 1,500/- per month or say Rs. 18,000/- per annum. By applying a multiplier of 8, a figure of Rs. 1,44,000/- was worked out. To it, a sum of Rs. 10,000/- was added on account of consortium payable to Wilayati Ram, besides this, Rs. 5,000/- as conventional amount and a further sum of Rs. 2,000/- on account of funeral expenses was also allowed. Thus a total compensation assessed was Rs. 1,61,000/-, plus 12% interest per annum from October 11, 1993.