NATIONAL INSURANCE COMPANY LIMITED Vs. TSEWANG NAMGYAL

JUDGEMENT

(1.) Impugned in this Appeal under Section 173 of the Motor Vehicles Act, is Award dated 9th June 2012, passed by Motor Accident Claims Tribunal, Leh (for short "Tribunal") on a claim petition, bearing File no.10, titled Tsewang Namgyal and another v. National Insurance Company and another, directing National Insurance Company Limited - appellant herein, to pay compensation of Rs.11,65,700/- along with interest @ 8% per annum, to claimants/respondents 1&2, primarily on the ground that Tribunal has wrongly taken monthly income of deceased as Rs.6000/- and thereafter made 30% increase on account of future prospects as income of deceased was not proved by any independent evidence, particularly when deceased was a non- salaried person; that Tribunal has erred in applying multiplier; that Tribunal has erred in awarding Rs.10,000/- on account of funeral expenses; that Tribunal has erred in awarding Rs.20,000/- on account of medical expenses; that Tribunal has wrongly given Rs.12,500/- on account of loss of estate; that interest @ 8% has wrongly been given by Tribunal. Another submission of learned counsel for appellant Insurance Company is that Tribunal has wrongly deducted only 1/3rd of income of deceased, instead of 1/2 of income towards personal and living expenses.

(2.) Heard and considered.

(3.) It may be mentioned here that there is no dispute as regards death of Nawang Gyatso, due to vehicular accident on 23rd July 2009. On claim petition of claimants/respondents 1&2, written statements were filed by respondents before the Tribunal, which includes present appellant Insurance Company. The Tribunal, vide order dated 11th October 2011, framed following four Issues for adjudication: