ORIENTAL INSURANCE COMPANY Vs. UMA DEVI

JUDGEMENT

(1.) By way of this appeal, the appellant-Insurance Company has challenged award dtd. 1/6/2018 passed by learned Motor Accident Claims Tribunal-I, Solan in MAC Petition No. 26-S/2 of 2016 vide which the claim petition filed by present respondents/claimant Nos.1 and 2 was allowed by learned Tribunal by holding the claimants to be entitled for compensation to the tune of Rs.9,19,000.00 along with interest at the rate of 6% per annum and the appellant-Company was held liable to indemnify the compensation.

(2.) Brief facts necessary for adjudication of the appeal are as under:- Respondents/claimants filed a petition under Sec. 166 of the Motor Vehicles Act, 1988 praying for compensation to the tune of Rs.50,00,000.00 along with interest on account of death of Hari Ram i.e., the late husband of claimant No.1, Uma Devi and father of claimant No.2 Kamlesh Kumar. Sh. Hari Ram lost his life on 17/4/2016 while travelling in Maruti Car bearing registration No. HP-14-A-7253 being driven by respondent Tara Chand at around 2.30 p.m. when the vehicle met with an accident near village Sunu. Sh. Hari Ram sustained fatal injury and died on the spot. As per the claimants, deceased Hari Ram was a mason by profession and was earning about Rs.40,000.00 per month from his profession and agriculture etc. The age of the deceased at the time of his death was about 55 years. Learned Tribunal on the basis of evidence adduced by the parties before it assessed the monthly income of the deceased to be Rs.8,000.00. Out of the said annual income, 1/3rd was deducted as personal living expenses of the deceased and the remaining amount was determined as the dependency of the family. As age of the deceased at the time of accident was 55 years, a multiplier of 11 was applied by learned Tribunal and the loss of dependency of the family was adjudged as Rs.64,000.00x11=Rs.704,000.00. In addition, learned Tribunal held claimants to be entitled for a sum of Rs.1,00,000.00 for loss of love and affection, an amount of Rs.15,000.00 for funeral expenses and an amount of Rs.1,00,000.00 was awarded to deceased widow for loss of consortium. The calculation of compensation done by the learned Tribunal under various heads is as under:-

(3.) Learned Tribunal further held that as the Car in issue was duly insured with the appellant-Insurance Company, therefore, the Company was liable to indemnify the compensation so awarded in favour of the claimants.