ORIENTAL INSURANCE COMPANY LTD Vs. SANTOSH KUMARI

JUDGEMENT

(1.) The instant appeal, stands directed, by the aggrieved insurer/appellant herein, against the award pronounced, by the Motor Accident Claims Tribunal-IV, Kangra at Dharamshala, H.P., upon, MAC Petition No. 03/D/II/2008, whereunder, compensation amount comprised, in, a sum of Rs. 8,20,000.00 along with costs, and, interest accrued thereon, at the rate of 9% per annum, commencing, from, the date of petition till realization thereof, stood, assessed, vis-a-vis, the claimants, and, the apposite indemnificatory liability thereof, was, fastened upon the insurer, (ii) whereas, through cross-objections bearing No.105 of 2018, the claimants, hence seek enhancement of compensation.

(2.) The learned counsel appearing for the insurer, (i) does not contest, the, validity, of the, affirmative findings rendered, upon, issue No.1, appertaining to the demise of deceased Lal Bahadur, being a sequel of rash and negligent manner of driving, of the offending vehicle, by its driver, respondent No.4 herein, (ii) nor he contests, the validity, of, the disaffirmative findings rendered, upon, issue No.4 appertaining to the driver of the offending vehicle, at the relevant time, not, holding a valid, and, effective driving licence, nor also he contests the validity of disaffirmative findings rendered, upon, issue No.5 appertaining to the driver/owner of the offending vehicle, breaching the terms and conditions of the insurance policy, (iii) nor he obviously contests the fastening, of, the apposite indemnificatory liability, upon, the insurer.

(3.) However, the learned counsel appearing for the insurer, has, cast a challenge, vis-a-vis, the quantum of compensation, as assessed qua the claimants, on anvil of hence, it being excessive. The main contesting ground raised, by the insurance, is, comprised in the claimants hence being paid a sum of Rs. 13,700.00 per month, as family pension, thereupon, the assessment of compensation, by the learned tribunal under the head "loss of future income", borne in a sum of Rs. 5,00,000.00 rather being infirm. He also contends that the assessment of compensation, vis-a-vis, all the claimants, under, the head "Loss of consortium/love and affection", borne in sum of Rs. 1,00,000.00 each, total Rs. 3,00,000.00, and, assessment of compensation under the head "Funeral Charges" borne in a sum of Rs. 20,000.00, being also infirm, in view of the mandate encapsulated in a case titled as National Insurance Co. Ltd. v. Pranay Sethi and others, 2017 AIR(SC) 5157, 2017 ACJ 2700 :. On the other hand, the learned counsel appearing, for the cross-objectors/ claimants, has contends, with much vigour, before this Court, that the learned tribunal, has committed a gross infirmity while assessing, loss of future income, vis-a-vis, the claimants, and, it being borne in sum of Rs. 5,00,000.00. Significantly, when, hence, the mandated multiplier method, for, computation, of compensation, remains irrevered.