NEW INDIA ASSURANCE CO LTD Vs. BANSI LAL

JUDGEMENT

(1.) NEW India Assurance Company Limited has questioned Motor Accidents Claims Tribunal Rajouris award of May 5, 2005, for an amount of Rs. Rs.6,20,556/ - along with interest, at the rate of 6% per annum from the date of filing of the claim petition till its realization, in favour of respondent nos. 1 and 2 for the death of their unmarried son Sanjay Kumar in a motor vehicular accident caused by rash and negligent driving of vehicle no. JK02M -5807 by respondent no. 4 Kuldeep Singh, its driver, on the ground that compensation awarded by the Tribunal was excessive.

(2.) LEARNED counsel for the appellant Mr. R.K. Gupta submits that the Tribunal had adopted a higher multiplier besides committing an error in deducting 1/3rd amount out of the income of the deceased rather deducting 2/3rd from the income of the deceased to determine the dependency of the claimants on the income of the deceased.

(3.) LEARNED counsel for the claimants, on the other hand, justified the award of the Tribunal, saying that the amount awarded by the Tribunal represents just compensation and the Tribunal had not erred in adopting the multiplier.