UNITED INDIA INSURANCE CO LTD Vs. RAFIQA
LAWS(J&K)-1999-4-34
HIGH COURT OF JAMMU AND KASHMIR
Decided on April 28,1999

UNITED INDIA INSURANCE CO LTD Appellant
VERSUS
Rafiqa Respondents

JUDGEMENT

- (1.) THIS appeal u/s 173 of the Motor Vehicles Act, challenges the correctness of the award dated: 15 -12 -1992 passed by Motor Accidents Claims Tribunal Anantnag in claim petition No. 75 of 1988.
(2.) MOTOR Vehicle bearing registration No. 7943 -JKC that belonged to Mahraj Krishan Anand got involved on 19 -03 -1988 at Ganjiwara, Anantnag, in an accident as a result of which Mohd Shafi Mir S/o Ab. Ahad Mir R/o Utrasoo Kaigund, Kashmir sustained fatal injuries. The accident is said to have occurred due to the rash and negligent driving of the vehicle by respondent Feroz Ahmad Shah, who at the relevant time was the employee of the owner of the vehicle. The vehicle was insured with the appellant, United Insurance Company. The claim to compensation was laid by the widow of the deceased on the pleas that the deceased was a matriculate and was running a hoisery shop in the town of Anantnag wherefrom his monthly earning/income was at an average of Rs.2000/ -. His death in the accident is said to have deprived the widow and her minor issues and parents from dependency that was provided by the deceaseds earnings.
(3.) THE claim came to resisted by the insurer alone in that the owner and driver of the offending vehicle opted not to appear and contest the claim. The insurer of the vehicle i.e. appellant admitted the fact that vehicle was insured on the relevant date and further admitted that the driver was holding the valid driving license. The insurer disputed the correctness of the averment that the deceased had sustained fatal injuries because of the accident. It further came to be denied that the deceaseds monthly earning/ income was Rs.2000/ -. The Tribunal raised two issues in the case and, on appreciation of the evidence adduced in support thereof, came to record the finding that the accident, involving the vehicle, had occasioned because of its rash and negligent driving by its driver, namely Feroz Ahmad Shah. Having thus answered the first issue in the affirmative, the Tribunal assessed the loss of dependency at Rs. 1000/ per month. While taking into account the age of the deceased the Tribunal adopted the figure of 25 as the multiplier and thus quantified the loss of dependency at Rs.3,00,000/ -. The Tribunal further awarded Rs.10,000/ - as compensation for loss of consortium to the widow and Rs.5000/ - for loss of love and affection to the child. Rupees 10,000/ - have been awarded as compensation for shock and agony suffered by the parents of the deceased. In all the amount of Rs.25,000/ - came to be awarded as compensation.;


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