- (1.) This order will decide FAO No. 460 of 2012 titled as "National Insurance Company Ltd. vs. Geeta Rani and others" and FAO No. 2707 of 2012 titled as "Geeta Ran vs. Pawan Kumar and another" as both these appeals arise out of the same award dated 20.9.2011passed by the Motor Accidents Claims Tribunal, Bathinda (for short 'Tribunal') awarding compensation of Rs.1,98,000/- along with interest @ 7% per annum from the date of filing of the claim petition till realization on account of death of one Sunil Kumar. While FAO No. 460 of 2012 has been filed by the Insurance company for setting aside the award passed by the Tribunal and exonerating it from liability to pay compensation to the respondentclaimant, FAO No. 2707 of 2012 has been filed by the claimant seeking enhancement of compensation as awarded by the Tribunal as per claim before the Tribunal.
(2.) Brief facts of the case as set out in the grounds of appeal are that on 04.01.2009, one Sunil Kumar, aged 24 years, an unmarried youth received multiple injuries in an accident while travelling in Car No. DL-C68-7453 owned by the claimant, which was driven by respondent No. 1 - Pawan Kumar when it was hit by an unknown tractor trolley coming from the opposite side on account of respondent No.1 i.e. driver of the Maruti car not being able to see properly due to bright lights of other approaching vehicle resulting in death of Sunil Kumar on 08.01.2009.
(3.) The facts that the deceased was the son of the claimant and that the vehicle in which the deceased was travelling was owned by the claimant, are a matter of record. The only question is whether in such a situation, the claimant would be entitled to maintain a claim for compensation in view of the Maruti car in which the deceased was travelling being covered under Act Policy only. Mother of the deceased filed claim petition u/s 163-A of The Motor Vehicles Act, Act 1988 ( for short ' ct') before the Tribunal claiming compensation of Rs.20.00 lacs. After evidence was led by the parties, the Tribunal assessed the income of the deceased as Rs.3000/- per month, dependency as Rs.1500/- per month after applying a cut of 50% and then applying the multiplier of 7 as per the age of the mother, i.e. 65 years, awarded compensation of Rs.1,98,000/- including Rs.5,000/- for funeral expenses and Rs.67,000/- for medical expenses of the deceased prior to his death.;