G.P.Mittal, J. - (1.) THE appeal is directed against the judgment dated 11.07.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs. 8,76,990/ - was awarded for the death of Surender @ Shalender Prasad who suffered fatal injuries in a motor vehicular accident which occurred on 30.12.2008.
(2.) ON appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of truck bearing no. HR -63 -A -3294 driven by Respondent no. 8 Rakesh Kumar. In the absence of any evidence with regard to the deceased's income, the Claims Tribunal took minimum wages of a matriculate as per his qualification, made addition of 30% towards future prospects and deducted 1/10th towards personal and living expenses to compute the loss of dependency. The Claims Tribunal further awarded notional sums towards non -pecuniary damages and granted an overall compensation of Rs. 8,76,990/ -. The following contentions are raised on behalf of the Appellant: (i) In the absence of any evidence with regard to future prospects, addition of 30% was not permissible; (ii) In a case where number of dependants is more than six, deduction towards personal and living expenses will be 1/5th as against 1/10th deducted by the Claims Tribunal; and (iii) The Appellant successfully proved breach of terms and conditions of the insurance policy as permit to drive the offending truck on the road was not produced in spite of notice (Ex.R3W1/1) served upon the owner(Respondent no. 9) herein. The Claims Tribunal erred in declining recovery rights.
(3.) ON the other hand, the learned counsel for Respondents no. 1 to 7 states that the compensation awarded is just and reasonable. Relying on Santosh Devi v. National Insurance Company Ltd. & Ors., : 2012 (6) SCC 421, the learned counsel for Respondents no. 1 to 7 states that in case of a large family, deduction towards personal and living expenses has to be 1/10th.;