ORIENTAL INSURANCE CO. LTD. Vs. SURESHA KUMARI

JUDGEMENT

(1.) ONE Bal Krishan S/o Hem Raj is the deceased in this case. On 17 -04 -2005, he was hit by a vehicle (Tipper) bearing registration No. JK02 -4855 being driven by Sewa Ram and owned by one Mohd. Iqbal (respondents). The deceased was on the scooter. I do not enter into more details of the accident as the same is not disputed and the appellant -Insurance Company is joining issue on quantum of compensation only.

(2.) RESPONDENTS -Claimants (for short 'claimants') filed a petition under Motor Vehicles Act seeking compensation to the tune of Rs. 25,92,000/ - along with interest @ 9% per annum from the date of accident, asserting that the deceased was wording as Junior Assistant in JDA Department having monthly income of Rs. 12,000/ -. His age was forty years. The learned Tribunal on the basis of the documentary evidence placed on record before it came to the conclusion that the basic salary of the deceased was Rs. 6,734/ - P.M. and his age was 45 years. The salary was rounded -off as Rs. 6,800/ -. Keeping the age factor into consideration, the learned Tribunal added another sum of rupees two thousand and forty (Rs. 2040) per month as 30% increase in future prospects. So the basic income of the deceased was assessed as Rs. 8,840/ -P.M. Out of this income, 1/3rd was deducted toward his personal expenses, as such net sum turned out to be Rs. 5,894/ - P.M. It was assessed as Rs. 70,728/ - P.A. (5,894x12). Applying the second schedule of the Motor Vehicles Act, whereby the multiplier has to be selected between the age group of 40 -45 years is 15, the learned Tribunal on account of uncertainties of life slashed it to 13. The total amount of compensation, thus, assessed was Rs. 9,19,464/ -(Rs. 70,728 x 3), which was ultimately awarded in favour of the claimants. Besides this, a sum of Rs. 15,000/ - was awarded as funeral expenses and another sum of Rs. 15,000/ - as consortium to widow of the deceased. The total amount, thus, turned out to be Rs. 9,49,468/ - under the following three heads:

(3.) ADMITTEDLY , the claimants are satisfied with the compensation awarded to them, whereas the Insurance Company has filed the instant appeal for reduction of the amount of compensation pleading that it is on a higher side and certain aspects have not been taken into consideration.