ORIENTAL INSURANCE CO LTD Vs. INDU PURI

JUDGEMENT

(1.) ASHOK Puri was travelling along with Surinder Kumar Waza, Amrik singh, Raj Nath Nehru, Bhupinder Kumar and Amar Nath in a motor vehicle Tata sumo No. JK02-J 4985 on 2. 12. 1998, when it met with an accident at Vessu Nursery, qazigund, Kashmir. The widow, minor son, minor daughter and mother of Ashok Puri, filed a compensation claim of Rs. 20,00,000 for the death of Ashok Puri, with Motor accidents Claims Tribunal, Jammu.

(2.) ASSESSING the monthly income of the deceased at Rs. 15,000, monthly economic loss to the family at Rs. 10,250 and applying 14 as against 16, the prescribed multiplier in the Second Schedule to the Motor vehicles Act, 1988, loss of dependency of the family on the income of the deceased was determined by the Claims Tribunal at rs. 17,22,000. Adding Rs. 15,000 as loss of consortium, Rs. 15,000 for loss to estate and Rs. 5,000 towards funeral expenses, the Claims Tribunal awarded an amount of Rs. 17,57,000 as compensation to the claimants for the death of Ashok Puri.

(3.) AGGRIEVED by the award of the Tribunal the appellant insurance company has come up in appeal to this court. I have heard learned counsel for the parties.