UNITED INDIA INSURANCE COMPANY LIMITED Vs. KAMLI

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been filed by the appellant ­ Insurance Company aggrieved against the judgment and award dated 3.10.2011 passed by the Motor Accident Claims Tribunal, Dungarpur, Camp Sagwada ('the Tribunal'), whereby the claimants have been awarded a sum of Rs.9,90,000/- alongwith interest @ 9% p.a. from the date of claim petition.

(2.) THE facts in brief are that the claimants filed an application for compensation for the death of Kamla @ Kamal on 14.1.2004 who was travelling in Jeep No.RJ-12T-256 and the jeep on account of rash and negligent driving of its driver turned turtle and Kamla suffered grievous injuries and later succumbed to the said injuries on 25.1.2004. It was stated in the claim petition that the age of the deceased was 30 years and he was a trained Hand Pump Mechanic and used to do work of motor rewinding and was working with the Water Works Department temporarily for the purpose of maintenance and distribution of water and his monthly income was Rs.5,000/-. The total compensation of Rs.15,20,000/- was claimed. The proceedings remained ex-parte against the owner and driver.

(3.) THE Tribunal after hearing the parties and analysing the evidence came to the conclusion that the accident occurred on account of rash and negligent driving of the driver, the Insurance Company in absence of any evidence could not substantiate its objection regarding the driver not having valid and effective driving licence. The age of the deceased was taken at 32 years and after applying the principles laid down in the case of Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr. : (2009) 6 SCC 121, the monthly income of the deceased was taken at Rs.5,000/- and after deducting 1/3rd for personal expenses and adding 50% towards future prospects and applying the multiplier of 16, a sum of Rs.9,60,000/- was awarded towards loss of income. Rs.10,000/- was awarded for loss of love and affection and Rs.5,000/- was awarded to the wife for loss of consortium, Rs.5,000/- was awarded for funeral expenses and Rs.10,000/- was awarded on account of conveyance charges, in total a sum of Rs.9,90,000/- with interest as indicated here-in-before as awarded.