NEW INDIA ASSOCIATION Vs. RANJIT SINGH MANHAS

JUDGEMENT

(1.) THIS Civil 1st Miscellaneous Appeal under section 173 of the Motor Vehicles Act filed by the insurer new India Assurance Company, is directed against the award/judgment dated 10-10-2003 passed by the Motor Accident Claims Tribunal, jammu in File No. 211/claims titled Devi dass v. Ranjit Singh Manhas and others.

(2.) FOR the death of Sh. Mela Ram, an unmarried farmer in a motor vehicle accident, nephew of the deceased, namely, Devi das respondent filed a claim petition under section 166 of the Motor Vehicles Act for claiming compensation before the motor Accident Claims Tribunal, Jammu against the appellant insurer as well as against the owner and driver of the vehicle involved in the accident.

(3.) LEARNED Tribunal by accepting the monthly income of the deceased at Rs. 1200/-per month, after deducting 1/3rd amount as personal expenses of deceased by order dated 10-10-2003 assessed the loss of dependency at Rs. 1,87,200/- by adopting the multiplier of 13 in view of the age of the deceased taken as 45 years at the time of his death. The Tribunal while determining the compensation at the said loss of dependency also allowed an amount of Rs. 5000/-towards funeral expenses. Before the tribunal, the owner and driver did not contest the claim petition however, the appellant insurer contested the claim after obtaining the permission under Section 170 of the Motor Vehicles Act. Being aggrieved of the order of the Tribunal the appellant is in appeal.