NATIONAL INSURANCE COMPANY LTD Vs. KARNAIL SINGH

JUDGEMENT

(1.) A challenge has been laid by the petitioner Company to the Award passed by the Motor Accident Claims Tribunal-1, Sirmaur District at Nahan in MAC Petition No.10-MAC/2 of 2004. The brief facts necessary for the adjudication of this petition are that a claim petition was filed by the respondents No.1 to 4. Respondents No.1 to 3 are the sons and respondent No.4 is the widow of late Shri Amar Singh who met with an accident on 21.11.2003 while travelling in a bus bearing registration No.HP-17-7085. The Motor Accident Claims Tribunal had awarded a sum of Rs.4, 80,000/- to the claimants, vide Award dated 4.1.2005.

(2.) MRS .Devyani Sharma, learned counsel appearing for the petitioner, had strenuously argued that the Award dated 4.1.2005 is perverse since the well known principles of determination of compensation have not been taken into consideration by the learned Tribunal below. Mr.T.S.Chauhan, learned counsel appearing for respondents No.1 to 4, had supported the Award.

(3.) IN the petition the monthly income of the deceased Amar Singh is stated to be Rs.8,000/-, including Rs.4,900/- from pension plus Rs.3100/- from agriculture. PW-1 Ram Swaroop had stated on oath that his father was retired Security Guard and he was drawing a sum of Rs.4,900/- as pension. The learned Tribunal had assessed the total monthly income of the deceased at Rs.7,000/- and on that basis the deceased annual income was assessed at Rs.84,000/-. The learned Tribunal after deducting 1/3rd amount which deceased Amar Singh might be spending as his personal expenses the net amount of income was calculated at Rs.56,000/- per annum. The age of the deceased as per the claim petition has been mentioned 61 years. In the F.I.R. also the age of the deceased is recorded as 61 years. The learned Tribunal had applied a multiplier of 8 and on that basis the loss of dependency was worked out to Rs.4,80,000/- The learned Tribunal had held the claimants entitled to a sum of Rs.12,000/- on account of loss of consortium, Rs.10,000/- on account of funeral charges and Rs.10,000/- on account of expenses of post death ceremony.