NEW INDIA ASSURANCE CO LTD Vs. INDER SINGH

JUDGEMENT

(1.) Appellant New India Assurance Co. Ltd. has filed this appeal challenging the award dated 27.7.1993 passed by the learned Claims Tribunal, Jashpur Nagar, arising out of accident which took place on 1.3.1991. In the said accident, Gurmeet Singh, the driver of the truck bearing registration No. MIT 9011, died due to fall of the truck in a nullah. Deceased Gurmeet Singh was aged about 26 years and was earning Rs. 1,600 at the relevant time.

(2.) Insurance company in its written statement has contended that accident took place owing to the fact that deceased was heavily drunk and was himself negligent while driving the truck and as such he was not entitled to claim compensation. Total sum of compensation as claimed by the claimant is Rs. 1,40,000.

(3.) Learned Tribunal has found that tyre of the front wheel of the truck got burst due to which accident had taken place. As per the report of mechanical examination of the truck the finding has been recorded by the Claims Tribunal. It has been held that it was not a case of negligence of the deceased. Income of the deceased was assessed at Rs. 1,600 per month. However, a sum of Rs. 1,000 was deducted towards the personal expenditure and the dependency of Inder Singh, the claimant was assessed at Rs. 600 per month. Annual dependency was arrived at Rs. 7,000. Multiplier f 20 was applied. Though the multiplier applied appears to be on higher side yet the quantum of compensation cannot be challenged by the insurance company in appeal. It is not a defence available to the insurance company under section 149 of the Motor Vehicles Act. Defences of the insurance company are very limited as provided under section 149 (2) of the Motor Vehicles Act which are as under: