ORIENTAL INSURANCE CO LTD Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) HEARD the parties and perused the counter affidavit filed today by owner of the vehicle, respondent no.8.

(2.) IN a motor accident dated 28.7.1996, one Lakhanlal Gupta, aged about 45 years, who was travelling on a Mini Bus (BRB -6218) sustained severe injury on his chest and died on 9.8.1996, Claim Case No.14 of 1996 was filed by his widow, son and daughters for compensation under the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act '). At the relevant time the said vehicle was insured with the Oriental Insurance Co. Ltd. The Tribunal, on the basis of evidence on record, assessed annual dependency at Rs. 6000/ - and considering age of the deceased and other circumstances applied 12 multiplier. Hence, total amount of compensation was calculated at Rs. 72000/ - with 6% interest per annum from the date of filing of the claim application till payment.

(3.) ACCORDINGLY , this appeal succeeds to the extent that the Insurance Company is liable to indemnify the owner 's liability to pay compensation to the respondents 1 to 7 to the extent of Rs. 15000/ - only, with interest at the rate of 6% per annum and the balance amount of Rs. 57000/ - with 6% interest from the date of claim application till payment is payable by the respondent no.8. Who is owner of the vehicle.