ORIENTAL INSURANCE CO. LTD Vs. RENU ACHARYA

JUDGEMENT

(1.) BY this common judgment and order, we dispose of five appeals along with the connected cross-objections, registered as F.A.O. No. 19 of 1985 with Cross-Objection No. 153 of 1985, F.A.O. No. 56 of 1985 with Cross-Objection No. 40 of 1986, F.A.O. No. 57 of 1985 with Cross-Objection No. 188 of 1985, F.A.O. No. 58 of 1985 with Cross-Objection No. 41 of 1986, F.A.O. No. 59 of 1985 and F.A.O. No. 60 of 1985.

(2.) F .A.O. No. 56 of 1985 has been filed by the insurance company against the award. The claim petitioner-respondent Renu Acharya filed the claim petition under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter called as 'the Act'), on the death of her husband Surendra Acharya, who died in the accident on 24.2.1980. The deceased was working as the Deputy Chief Officer, Reserve Bank of India, Chandigarh and was travelling with Bishan Swarup Maharishi, Sanjeev Kulkarni and K.C. Dhawan. They were proceeding from Shimla to Dharamshala in car No. HPS 2166 belonging to the Himachal Pradesh Co-operative Bank Ltd. and insured with the present appellant, namely, Oriental Insurance Co. Ltd. The car was being driven, at the time of accident, by Mansha Ram, driver and on the way it met with an accident and the husband of the claimant-respondent died instantaneously. It may be stated that late Surendra Acharya left behind two wives and in this claim petition we are concerned with the second wife, Renu Acharya.

(3.) IN the cross-objections (Cross-Objection No. 40 of 1986), it has been urged that the Tribunal erred in law and facts in not awarding full claim of the respondent-claimant and that interest at the rate of 6 per cent per annum from the date of award is also not according to law. The multiplier adopted by the Tribunal has also been disputed, as according to the claimant-respondent, the longevity of the age of the family of the deceased was 80 to 85 years. It has also been stated that had the deceased continued in service, he would have reached the Grade (F) as a Deputy Chief Officer of the Reserve Bank of India and his maximum basic pay would have been Rs. 3,500/- per month, as the deceased was to retire after 8 years of service and he would have drawn Rs. 5,000/- as his monthly salary before retirement. The awarding of Rs. 3,000/-as the conventional figure of damages has also been disputed and according to the claimant-respondent, it should have been Rs. 5,000/-.