NATIONAL INSURANCE CO LTD Vs. NISSARA AND ORS

JUDGEMENT

(1.) The National Insurance Company Limited is on appeal challenging the award dated 19-5-2007 passed by the Motor Accident Claims Tribunal, Jammu.

(2.) It is a case of fatal accident. On 23-9-2002, when the deceased Rakesh along with his daughter Nadia were on their way back to home on Scooter No. JK02H 6018 when they reached at Satwari Chowk a Truck No. JKS 5355 driven by respondent No. 3 in rash and negligent manner hit the two wheeler as a result of which deceased-Rakesh sustained fatal injuries. At the time of accident deceased was 36 years old as per the "claimants" statement and 32 years as per the oral evidence. The deceased was working as Safai Karamchari (Sweeper) at Station HQ Kalu Chak.

(3.) Widow of the deceased-Rakesh aged 32 years and three minor children are the claimants. They claimed as a sum of Rs.8,00,000/- as compensation. In support of the claim widow-Nissara and one Sheikh Mohd Kalyan appeared as witnesses. One Ram Lal was examined for proving the income of the deceased. The income of the deceased was claimed at Rs.4984/- per month and after deduction deceased was getting Rs.3969/- per month. Salary certificate was marked and found to be correct. There was another salary certificate filed on 8-6-2005 issued by the Administrative Commandant Kalu Chak showing the salary of the deceased as Rs.6,575/- per month for the month of May, 2005. The Tribunal took this amount on the plea that future prospects should be considered from this amount (Rs.6575/-) One third was deducted towards the personal expenses of the deceased leaving behind a sum of Rs.4382/- as monthly loss of the dependency, i.e. Rs.52,584/- per annum. Tribunal adopted the multiplier as per 2nd Schedule of the Motor Vehicles Act and applied multiplier of 16, however, on account of uncertainties of life multiplier was reduced to 13 and compensation was determined under various heads, details of which are as under:-