NEW INDIA ASSURANCE COMPANY LTD Vs. SUSHILA

JUDGEMENT

(1.) THIS appeal has been filed by the appellant New India Assurance Co. Ltd., Jaipur against the award dated 8 -4 -1994 passed by the Motor Accident Claims Tribunal, Sambhar Lake, Distt. Jaipur in Claim Case No. 220/1992. Whereby a claim petition filed by the claimant respondents was allowed to the extent of Rs. three lacs (Rs. 3,00,000/ -) only as a compensation on account of the death of one Kesari Mal Sharma, who died as a result of the multiple injuries suffered by him in a motor accident involving two truck No. DEL 381 owned by the respondent No. 6.

(2.) THE submission of the learned Counsel for the appellant is that the quantum of compensation as awarded by the Tribunal is on the excessive side and comes as a windfall. To oppose the above submission, learned Counsel for the respondents submits that the quantum of compensation cannot be challenged by the Insurance Company as there was no application under Section 170 of the Motor Vehicles Act, 1988 filed by the appellant. In that view of the matter, the submission of the learned Counsel for the respondents is that this appeal is not maintainable. In the alternative, it is submitted by the learned Counsel for the respondents that the Tribunal has not adopted the principle as laid down in the II Schedule of the Motor Vehicles Act, 1988 and in case, the said guidelines were taken into consideration the award passed by the Tribunal is liable to be enhanced. In this behalf, he has submitted that the learned Tribunal has assessed the income of the deceased as Rs. 1,500/ -. In para 8 of the award and the dependency has been assessed as Rs. 1,000/ - per month after deduction of the 1/3rd amount for personal expenditure. In this view of the matter, the learned Tribunal has rightly doubled the aforesaid amount of Rs. 1,000/ - to Rs. 2,000/ - which is in consonance of the future prospects principle. Learned Counsel for the respondents has placed reliance upon the judgment of the Hon'ble Apex Court rendered in the case of General Manager, Kerala State Road Transport Corporation v. Susamma Thomas and Ors. : AIR1994SC1631 , and, therefore, loss of income was rightly assessed as Rs. 24,000/ - per annum. However

(3.) AS such, I find that the award passed by the learned Tribunal, in the facts and circumstances of the case, is just and proper. Though, there is a considerable substance in the submissions made by the learned Counsel for the respondents that in the facts and circumstances of the case, the multiplier that Was incorrectly applied, but since, there is no appeal or cross -objection from the side of the respondents, I find no reason to interfere with the appeal and the same is hereby dismissed. There shall be no order as to costs.