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2006 DIGILAW 4477 (PNJ)

Oriental Insurance Company Limited v. Ramesh

2006-12-08

MAHESH GROVER, UMA NATH SINGH

body2006
Judgment Uma Nath Singh, J. 1. This F. A. O. arises out of an award dated 14.9.2006 passed by presiding Officer, Motor Accidents Claims tribunal, Yamuna Nagar in the M. A. C. T. Case No.162 of 2005 awarding a sum of rs.91,500 with 7.5 per cent interest per annum from the date of filing of the petition till realisation of the amount in the death case of an old lady said to be aged 70 years. 2. Learned counsel for the appellant insurance company submitted that there has been an inordinate delay in the lodgment of the claim petition as it was filed after about six years. Secondly, he submitted that looking at the age group of the deceased, so also of the dependants, the compensation of Rs.91,500 appears to be on the higher side. 3. We have carefully considered both the submissions and perused the award. We do not find any merit in the aforementioned contentions of the learned counsel. There may be delay in the lodgment of the claim, but there is no statutory bar to file it with delay. Secondly, F. I. R. of accident was immediately recorded on the same day being F. I. R. No.143 of 20.12.1999. The driver of the offending vehicle is facing prosecution in that F. I. R. Thus, the factum of the accident cannot be denied. 4. As regards the amount of compensation, the Tribunal has taken a reasonable view while assessing the income of the deceased at Rs.2,100 per month and having deducted 1/3rd thereof for her personal expenses, has determined the dependency at Rs.1,400 per month. Further, as per the second Schedule under sec. 163-A of motor Vehicles Act, 1988 for the age group above 65 years, multiplier of 5 is to be applied. Here, the approximate age of the deceased has been found to be 70 years. Thus, the multiplier of 5 has been rightly applied. She is survived by her husband, aged 75 years and two sons, said to be 22 and 23 years old. The deceased came from a rural background of Haryana and, therefore, her contribution in terms of the dependency to her family cannot be denied. This is more so looking to the physical fitness and living conditions of the rural natives of Haryana. The deceased came from a rural background of Haryana and, therefore, her contribution in terms of the dependency to her family cannot be denied. This is more so looking to the physical fitness and living conditions of the rural natives of Haryana. That apart, the husband has been left lonely at the fag end of his life and this tragedy would have left him with a scar of traumatic experience beyond reparation in terms of money. Under these circumstances, we are not persuaded to hold that the compensation amount awarded by the Tribunal is on higher side. Hence, the second submission is also rejected. 5. In the premises discussed herein-above, we do not find any merit in the f. A. O. and as such, it is dismissed in limine. Appeal dismissed.