LAWS(J&K)-2019-3-126

PARVEEN KUMAR Vs. NEW INDIA INS. CO. LTD.

Decided On March 11, 2019
PARVEEN KUMAR Appellant
V/S
New India Ins. Co. Ltd. Respondents

JUDGEMENT

(1.) This is an appeal by the appellants (claimants) for enhancement of compensation awarded by Motor Accident Claims Tribunal, Jammu (hereinafter called as "the Tribunal") vide its award dtd. 23/4/2014 passed in claim petition No. 304/2012 titled Parveen Kumar and others Vs. New India Assurance Co. Ltd. And others.

(2.) The facts giving rise to the filing of this appeal are not much in dispute. The son of appellant Nos. 1 and 2 and brother of appellant No. 3 died in a vehicular accident which took place on 3/7/2012 at Bari Brahmana, Tehsil and District Samba. The vehicle involved in the accident was Truck bearing registration No. HR-38-G 6398 which was, at the relevant point of time, driven by respondent No. 3 in a rash and negligent manner. The deceased Rajinder Kumar was a student of 12th Class. The parents of the deceased appellant Nos. 1 and 2 along with sister of the deceased appellant No. 3 filed claim petition before the Tribunal for payment of compensation on the ground that deceased- Rajinder Kumar, 22 years old who was 12th class student was also working part-time with some Aqua Guard Company and was earning monthly salary of Rs.6,000.00. The petition was contested inter-alia by the respondent-insurance company. The Tribunal, on the basis of pleading of the parties, framed following issues:-

(3.) Since the respondents are not in appeal and, therefore, there is no necessity to discuss the issue Nos. 1 and 2 which the Tribunal has found proved in favour of the appellants-claimants. The appellants-claimants have also been held entitled to a compensation of Rs.2,55,000.00. The appellants are, however, aggrieved of the manner in which the compensation has been assessed by the Tribunal. It is claimed that the Tribunal erroneously took into consideration the annual income of the deceased as Rs.15,000.00 and wrongly applied the multiplier of 15 instead of 18 as provided in judgment titled Sarla Verma Vs. Delhi Transport Corporation; 2009 ACJ 1298 (SC).