NATIONAL INSURANCE CO LTD Vs. PARSINO DEVI

JUDGEMENT

(1.) THIS appeal has been filed under Section 173 of the Motor Vehicles Act (for short hereinafter called as the Act) against the award dated 12 -12 -2003 passed by the learned Motor Accident Claims Tribunal, Jammu (for short hereinafter referred to as the Tribunal) in a claim petition titled Parsina Devi and others versus Dalip Kumar and others which was filed by the legal representatives and dependants of the deceased -Vijay Kumar for claiming compensation under sections 140/166 of the Act, who had died in a vehicular accident on 6.10.2001 near Pindi Sarochan, R.S. Pura with Bus bearing registration No.JK02D 9221 which was driven by its driver rashly and negligently and in the process it hit the Scooter of the deceased as a result of which he sustained grievous injuries and succumbed to them on the next day.

(2.) THE Tribunal after framing issues and recording the evidence of the parties awarded Rs. 5,88,680/ - in favour of the claimants with interest @ 9% per annum from the date of filing the claim petition till realization.

(3.) THE short question which has been raised in this appeal in whether the ËœGeneral Damagesâ„¢ can be awarded when the compensation has been assessed by multiplier method. Mr. Thakur, learned counsel appearing for the appellant -Company submitted that the compensation in this case has been assessed by applying the multiplier method, but the learned Tribunal has erroneously also awarded compensation on account of loss of Ëœconsortiumâ„¢, and loss of ËœEstateâ„¢. On the other hand, Mr. B.L. Kalgotra, learned counsel appearing for the claimants -respondents submitted that there is no bar for awarding compensation under the heads of loss of Ëœconsortiumâ„¢ as well as loss to the ËœEstateâ„¢. He submitted that even when an application is moved under section -166 of the Act, the compensation can be assessed as per the Second Schedule attached to section 163A, after applying the method of multiplier as envisaged in the section. The claimants are also entitled to compensation for loss of Ëœconsortiumâ„¢ and loss to the ËœEstateâ„¢.