- (1.) Leave granted.
(2.) In the accident that occurred on 28.06.2008, Mr. Palash Kumar who was working as Senior Editor in Asian Age, Mumbai which is under Deccan Chronicle Holding Limited lost his life. He left behind his wife, daughter and parents. The Motor Accidents Claims Tribunal, Alwar (hereinafter called as 'MACT') awarded compensation of Rs.1,37,25,000/- taking income of the deceased at Rs.12 lakhs per year. The MACT deducted 25% of the income towards personal expenses and adopted the multiplier as 15. It has held that the lorry which was involved in the accident was fully responsible and consequently, the respondent/Insurance Company herein is liable to reimburse the compensation. The High Court in appeal, reduced the compensation to Rs.1,03,50,000/- holding that the driver of the car that is the deceased Mr. Palash Kumar was responsible to the extent of 50%. The claimants/appellants are before this Court.
(3.) Learned counsel for the respondent/Insurance Company submitted that the High Court was justified in concluding that the accident was due to contributory negligence of both the drivers and, therefore, respondent/Insurance Company is liable to pay 50% of the compensation. He further submitted that the wife of the deceased has relinquished her share in favour of her in-laws and got certain properties in lieu thereof and, therefore, the wife of the deceased is not entitled to any compensation.;