VIBHA SINHA Vs. ORIENTAL INSURANCE CO. LIMITED

JUDGEMENT

(1.) The claimants are the appellants, who have preferred the appeal for enhancement of compensation of Rs.7,37,500.00 awarded in Compensation Case No. 203/2005 under Sec. 166 of the Motor Vehicle Act, 1989 (hereinafter called MV Act) by the learned Presiding Officer, Motor Vehicle Accident Claims Tribunal, Ranchi for the death of Ajay Kumar in a motor vehicle accident on 12/2/2005 .

(2.) The accident took place while the deceased was coming to Ranchi from Bokaro by car bearing registration no. JH-01E-2043 with the consent of the owner and the said car was being driven by one Sri Harsh Khandelwal under the authority and employment of O.P. No.1. It is alleged that the vehicle was being driven rashly and negligently by its driver. Gola P.S Case No. 12 of 2005 was registered under Ss. 279/337/338 of the IPC against the driver of the offending vehicle.

(3.) The appeal has been preferred mainly on the ground that the deceased was a qualified professional having completed B.Sc. and MBA and was employed as territorial manager in Marc sanitation Private Limited with a salary of Rs.11,300.00. The learned Tribunal accepted monthly income of Rs.7000.00 disbelieving the evidence of the General Manager, merely on the ground that he had come to depose before the Court without taking permission for leaving the headquarters. The respondent Insurance Company has admitted in para 15 of its written statement that the deceased was a territorial manager and therefore considering the occupation of the deceased this salary claimed ought to have been allowed. Compensation under the heading of future prospect has not been allowed and deduction of one third on personal expenses has been taken instead of one fifth.