NATIONAL INSURANCE CO. LTD Vs. SUJATA

JUDGEMENT

(1.) In this appeal under Sec. 173 of the Motor Vehicles Act, 1988, the Insurer of offending vehicle, has challenged the judgment and award dtd. 26/5/2005 made by Motor Accident Claims Tribunal, Salumber in MACT Case No.53/2003, whereby compensation of Rs.10,35,000.00 has been awarded in favour of respondent nos. 1 to 3 for the death of Suresh i.e. husband of respondent no.1 and son of respondents no.2 & 3, in a motor vehicle accident.

(2.) The case and claim of the claimants is that on the date of accident i.e. 31/10/2002 Suresh was working with K.M.C. Construction Limited and was standing near the place of incident. A crane, bearing Regn. No.RJ-14E-0272 owned by respondent no.5 M/s. Bhagoriya Carriers & Lifters, was lifting Dumpher of the KMC Company and due to negligence of driver of the crane, it fell down on Suresh as a result whereof Suresh died. At the time of accident Suresh was aged about 30 years and was earning Rs.7,500.00 per month from the Company.

(3.) The learned Tribunal accepted the income of the deceased, which was supported by the documentary evidence Exhibit-11 a certificate granted by the Company as well as Exhibit-NA4, which was obtained by the appellant-Company through its investigator from KMC. Considering the number of dependents, the Tribunal deduced 1/3rd for the personal expenses of deceased, which was Rs.2500.00. The remaining Rs.5000.00 was multiplied with 12 to get the yearly multiplier and the same was again multiplied with the multiplier of 17 considering age of deceased. There is no error to the aforesaid extent in the impugned judgment, however, lesser amount has been awarded for the loss of consortium, funeral expenses and nothing has been awarded considering future prospects of the deceased.