NATIONAL INSURANCE COMPANY LTD Vs. MUKHTIAR KHAN

JUDGEMENT

(1.) A sum of Rupees 3,39,000/- has been awarded in favour of the claimants as compensation on account of death of their son in a motor accident. The liability to pay the compensation amount has been fastened upon the Insurance Company. Aggrieved, the Insurance Company has preferred the instant appeal.

(2.) (i) Mathin Khan was son of respondents No. 1 and 2. On 29/9/2014 he was travelling in vehicle No. HP-17B-6788 from Paonta Sahib to Majra, District Sirmour. The vehicle was being driven by respondent No. 4. It met with an accident causing Mathin Khan's death. His parents filed claim petition under Sec. 166 of the Motor Vehicles Act for grant of compensation of Rupees 8,00,000/-. The claimants stated that their son was aged about 21 years at the time of accident. He was the sole bread earner of the family, bringing home Rupees 12,000/- per month from his labour/catering work etc. He was in the employment of respondent No. 3-the owner of the ill fated vehicle.

(3.) After considering the respective pleadings, evidence and contentions of the parties, learned Tribunal held that the accident occurred due to negligent driving of the vehicle by respondent No. 4. The deceased was held to be travelling in the vehicle as a labourer employed by respondent No. 3 for loading and unloading and not as a gratuitous passenger. His age on the date of accident was determined as 24 years. His income was assessed at Rs.3,000.00 per month. The dependency of the claimants was worked out at Rs.1500.00 per month. Keeping in view the age of the deceased, multiplier of 18 was applied and the totally dependency was worked out as Rs.1500.00X12x18=3,24,000/-. An amount of Rs.1500.000/- was awarded to the claimants on account of funeral expenses. In all the claimants were held entitled to a compensation of Rs.3,39,000.00 along with interest @9% per annum from the date of filing of the petition till its realization.