SADHU SINGH Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) At the request of learned counsel for the parties, both these appeals are heard finally.

(2.) The facts of the case are that in an accident caused by Sadhu Singh (appellant in S.B. Civil Misc. Appeal No.883/2004), a boy of 10 years died. The claimants were deceased's father, mother and 7 brothers and sisters. The father of deceased died during the pendency of the claim petition. The claimants claimed total compensation of Rs.6,50,000/- whereas the Tribunal after assessing the income of the deceased as Rs.15,000/- per annum, deducted 50% of the amount on account of the expenses which could have been required for the deceased himself, assessed the loss of income to the claimants of Rs.7,500/- per annum.

(3.) The Tribunal applied multiplier of 15 and thereby calculated the loss of income of the claimants to be Rs.1,12,500/-. The Tribunal awarded Rs.2,000/- to the mother and Rs.1,000/- each to brothers and sisters for mental agony and for loss of love and affection on account of death of their son/brother. In addition to the above, the Tribunal awarded compensation of Rs.1,000/- against expenses borne by the claimants for taking deceased to the hospital etc. and Rs.2,000/- towards funeral expenses. The Tribunal in all awarded Rs.1,25,500/-. The Tribunal after holding that at the time of accident, the driver of vehicle had the learner's license which is not a valid driving license, exonerated the insurance company.