LAWS(RAJ)-2013-12-104

NATIONAL INSURANCE COMPANY LIMITED Vs. KIRAN @ KANCHAN DEVI

Decided On December 13, 2013
NATIONAL INSURANCE COMPANY LIMITED Appellant
V/S
Kiran @ Kanchan Devi Respondents

JUDGEMENT

(1.) THIS appeal is directed against judgment and award dt. 22.06.2006 passed by Motor Accident Claims Tribunal, Ratangarh Camp Sujangarh ('the Tribunal'), whereby, for the death of one Sanjay, the Tribunal has awarded a sum of Rs. 6,75,000/ - alongwith interest @ 6% per annum from the date of filing application for compensation ('the application') i.e. 07.01.2004. The facts in brief may be noticed thus: on 18.09.2003 at about 09.30 PM the deceased Sanjay was riding on a motor cycle as a pillion rider with Dharmchand from Ringas to Sikar, when the motor cycle collided with a Jeep, resulting in death of both Sanjay and Dharmchand.

(2.) THE application for compensation was filed by the parents of Sanjay before the Tribunal, inter alia, with the averments that he was aged about 25 years and was earning about Rs. 5,000/ - per month working as mechanic and involved in repairing of scooter and motor cycle. The compensation of Rs. 4,20,000/ - was claimed. The application was opposed by the Insurance Company by filing reply.

(3.) WHILE considering the issue relating to the award of compensation, the Tribunal took the daily income of the deceased @ Rs. 100/ - i.e. Rs. 3,000/ - per month and enhanced to Rs. 6,000/ - per month on account of future prospectus and deducted 1/3 towards his personal expenses and applied a multiplier of 14 and awarded a sum of Rs. 6,72,000/ - under the head of loss of income and the sum of Rs. 2,000/ - towards funeral expenses, Rs. 1,000/ - as costs and as such total awarded a sum of Rs. 6,75,000/ -.