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2016 DIGILAW 514 (JK)

Oriental Insurance Company Ltd. v. Kuldeep Kumar & Ors.

2016-10-06

RAMALINGAM SUDHAKAR

body2016
JUDGMENT 1. This appeal is of the year 2009 and the same is filed by the appellant Insurance Company challenging the award of Tribunal. 2. The fatal accident in this case happened on 25.07.2005. One Charu Pandita – 28 years old Police constable while going on a Scooty from Jammu city towards Patta Paloura was hit by the Tata Mobile which was driven in rash and negligent manner by its driver and in that accident, she died. 3. The finding of negligence on the part of the driver of Tata Mobile and the liability of the owner of the vehicle to compensate the claimants is not seriously disputed. The primary plea is on quantum of compensation. 4. On the death of 28 years old Charu Pandita, husband aged 32 years, minor son aged 5 years, minor daughter aged 2 ½ years and mother-in-law aged 55 years are the claimants. 5. The Tribunal after considering the case on hand fixed the income of the deceased as Rs. 5100/- per month. The Tribunal by adopting multiplier of ‘16’ and after deducting 1/4th towards personal expenses of the deceased, granted the following amount as compensation: 1.For Loss of dependencyRs. 7,34,400/- 2.For Funeral expensesRs. 15,000/- 3.For Loss of consortium to husbandRs. 15,000/- TotalRs. 7,64,400/- with 7.5% interest per annum 6. Considering the age of the deceased, the only plea taken is that the multiplier adopted by the Tribunal is higher, whereas in this case, there are two minor children and in terms of the judgment of the Supreme Court in case titled Sarla Verma and ors. v. Delhi Transport Corporation and anr. reported as (2009) 6 SCC 121 , the multiplier adopted will be on the age of the deceased which is relevant. Nevertheless no amount has been granted for loss of love and affection to the two minor children and the mother-in-law. 7. Therefore, this Court is unable to find any reason to come to the conclusion that the compensation is excessive. Hence the appeal stands dismissed. 8. The claimants are at liberty to withdraw the amount deposited by the Appellant Insurance Company.