RELIANCE GENERAL INSURANCE CO. LTD. Vs. RENO SHARMA

JUDGEMENT

(1.) This appeal is directed against the award dated 31.03.2010 passed by the learned Tribunal in File No.731/claim in case, titled as, Reno Sharma and ors. vs. M/s Mahajan Enterprises and ors., whereby an amount of Rs.17,94,000/- along with interest @7.5% from the date of filing of claim petition till realization came to be awarded in favour of claimants-respondents 1 to 5 herein, and against the Insurance Company.

(2.) The facts-in-brief as projected in the award are that on the fateful date of 15.09.2007 deceased Chaman Lal, his daughter Anamika and wife Reno Sharma, respondent No.1 herein, were going from Sunderbani to their native place by a motorcycle and when they reached near Village Thanda Pani, a very speedy mini load carrier, bearing No.JK02AA-6861 being driven rashly and negligently by its driver came from opposite side and hit the motorcycle, as a result of which Chaman Lal and his daughter Anamika succumbed to the injuries, whereas Reno Sharma sustained grievous injuries. Three claim petitions came to be filed and in File No.731/claim, out of which the present appeal has arisen, the learned Tribunal has awarded a total sum of Rs.17,94,000/- in favour of claimants, respondents 1 to 5 herein, and against the insurance company, appellant herein.

(3.) As per the evidence led, the date of birth of deceased Chaman Lal was 02.04.1970 and the last pay drawn by the deceased was Rs.8711/-. Learned Tribunal while assessing the amount of compensation held that since the date of birth of deceased was 02.04.1970 and the accident occurred on 15.09.2007, therefore, it would be unreasonable to estimate the loss of dependency on the actual income of the deceased at the time of death, rather future prospects of the deceased were required to be taken note of. Accordingly, the learned Tribunal while increasing the income by 50%, took the monthly income of deceased to Rs.13066/- (Rs.8711 + 4355). In all, the learned Tribunal has awarded an amount of Rs.17,94,000/- in favour of claimants and against the insurance company. Hence, the present appeal.