ORIENTAL INSURANCE CO. LTD. Vs. BABLI DEVI

JUDGEMENT

(1.) One Subash Chander S/o. Sh. Duni Chand is the deceased in this case who on 23rd of June' 2004 died in a vehicular accident while travelling in a Matador bearing registration No. JK14-9457 being plied by one Hakam Singh-respondent No. 7, owned by Kuldeep Raj -respondent No. 6 and insured by Oriental Insurance Company Limited, Jammu. The deceased was of the age of 30 years at the time of accident and working as Cook with M/s. J.P. Industries (Kishtwar) getting monthly wages to the tune of Rs. 3090/- per month as reflected in the document placed on the record. In addition to it, he was also earning about Rs. 2000/3000 per month from the agricultural sources. A claim petition under Section 166 of Motor Vehicle Act seeking compensation was filed before the Motor Accident Claims Tribunal, Kishtwar by Smt. Babli Devi, widow of the deceased, her two minor daughters namely Ms. Archana Devi aged 05 years and Ms. Seema Devi aged 03 years along with parents of the deceased namely Sh. Duni Chand (father) and Smt. Busa Devi (mother).

(2.) After the Insurance Company, owner and driver had put in appearance and submitted their respective objections, the following issues were framed from the pleadings of the parties:-

(3.) Ultimately the learned Tribunal held that the accident had taken place due to rash and negligent driving of Hakam Singh?driver of the offending vehicle. While deciding the main issue with regard to the quantum of compensation, the learned Tribunal took into account the monthly income of the deceased as Rs. 5000/- per month from all sources and deducting one third out of his total monthly income as his personal expenses, assessed the income as Rs. 3,334/- per month. Considering the age of the deceased, multiplier of 17 was applied and as such an award of a sum of Rs. 6,80,136/- (Rupees Six Lacs eighty thousand one hundred thirty six only) was passed in favour of the claimants with an interest @ 6 per cent from the date of institution of the petition till its realization. The entire amount of compensation was then divided into six equal shares, which include share of the male child also born during the pendency of the petition. Each share turned out to be Rs. 1,13,356/-. So far as the share of two minor daughters and minor son is concerned, the Tribunal, out of their shares diverted a sum of Rs. 40,068/- (Rs. 13,356 x 3) to the share of widow of the deceased for the purpose of bringing up three minors, which turned out to be Rs. 1,53,424/- and directed deposit of the share of each of the minor in a nationalized Bank till their attaining the age of majority, observing further that the widow of the deceased would be entitled to spend interest on the deposited amount accruing to the share of three minors for their health, welfare and education.