NEW INDIA ASSURANCE CO. LTD. Vs. SHAKTI DEVI

JUDGEMENT

(1.) The above titled appeals have been preferred by the appellant-Insurance Company against the judgments/awards dtd. 21/7/2008 and 16/12/2009 passed in Claim Petition No. 54 titled "Ishar Dass Gupta and Anr vs New India Assurance Co. Ltd and Anr" and in Claim Petition No. 56 titled "Rameshwar Dass Gupta and Ors vs New India Assurance Co. Ltd and Anr" respectively, arising out of the same accident involving the same offending vehicle. In view of the similar facts and circumstances with regard to the accident, involvement of the offending vehicle and the insured and the insurer being same in both the judgments/awards, these appeals were clubbed together and are proposed to be disposed of by this common judgment.

(2.) A Goods vehicle (Tata Mobile) bearing registration No. JK02K-2112 met with an accident near Banote Nallah Prem Nagar Kishtwar on 27/6/2004 in which three persons got injured and a case was registered at Police Station Doda vide FIR No. 26/2004 for commission of offences punishable under Sec. 279/337 RPC; two of the occupants of the vehicle Rakesh Gupta and Madan Lal succumbed to their injuries and a charge sheet was laid down before the Court on conclusion of investigation for the commission of offences punishable under Ss. 279/337/338/304-A RPC.

(3.) The legal heirs of the deceased Rakesh Gupta and Madan Lal Gupta filed Claim Petitions under Motor Vehicles Act before the Motor Accidents Claims Tribunal Kishtwar (for short the Tribunal). In Claim Petition titled "Isher Dass Gupta and Ors vs New India Assurance Co. Ltd and Anr" (Claim No. 54/2004) for the death of deceased Madan Lal Gupta, an amount of Rs.10,81,200.00 was awarded as compensation in their favour. The Tribunal had accepted the monthly income of the deceased as Rs.8,000.00 per month, after deducting one third of his income on personal expenses of the deceased and having regard to his age between 30 to 35 years with application of 17 as multiplier granted compensation in favour of the claimants. In the other case titled "Rameshwar Das Gupta and Ors vs New India Assurance Co. Ltd and Anr" (Claim No. 56/2004), the legal heirs of the deceased Rakesh Gupta were awarded compensation in the amount of Rs.4,89,506.00 having regard to his annual income of Rs.40,000.00 as the petition had been moved under 163-A of the Motor Vehicles Act, with application of multiplier of 18, having regard to his age of 30 years at the time of his death.