NATIONAL INSURANCE COMPANY LIMITED Vs. RENUTA REANG

JUDGEMENT

(1.) Challenge limited in nature, on the point of compensation determined is made by the insurer, pointing out the decision rendered by the Apex Court in National Insurance Company Limited v. Pranay Sethi and Others, reported in (2017) 16 SCC 680.

(2.) Certain facts are not in dispute. On 24/1/2012, Gamanjoy Reang was hit by a motor vehicle (Motorbike), bearing registration No. TR-01-D-6230, as a result of which, he sustained injuries and succumbed to the same. The said vehicle owned by Shri Ajit Reang, was driven by Shri Kaurab Reang and insured with National Insurance Company Limited. The accident occurred purely on account of rash and negligent acts of the driver. There is no breach of the terms of the insurance policy. The legal heirs of the deceased, being fully dependent for the purposes of income, filed a petition under Sec. 166 of the Motor Vehicles Act, in which the tribunal framed the issues, which stand decided in favour of the claimants with an amount of Rs.18,31,500.00 determined as compensation due and payable to the claimants along with interest.

(3.) Undisputedly, at the time of occurrence of the accident, deceased was a young man of 26 years of age. In the claim petition, it is averred that the deceased was self-employed and having an income of Rs.25,000.00 per month. He was doing handicraft work, also trained in rubber plantation and collection of latex. In addition, he was having business of bakery and poultry.