Sandeep Mehta, J. - (1.) HEARD learned counsel for the parties. The instant appeal has been preferred by the appellant Reliance General Insurance Company Ltd. seeking reduction in the compensation awarded to the claimants vide judgment and award dt. 10.1.2014 passed by the learned Motor Accident Claims Tribunal, Udaipur in Motor Accident Claim Case No. 500/2011 on the ground that the same is -excessive and contrary to the norms prescribed for assessing the claim.
(2.) THE facts in brief are that the respondents No. 1 to 5/claimants being the legal heirs of deceased Shiva @ Shivram, the respondent No. 1 being the wife, the respondents No. 2 to 4 being the minor children and the respondent No. 5 being the mother of the deceased respectively, filed a claim petition under Sec. 166 of the Motor Vehicles Act claiming compensation on account of death of Shiva. It was stated in the claim petition that Shiva @ Shivram, Ashok, Leela, Ramesh, Lalu Ram, Devilal, Hakra and Fatehlal @ Fatta were proceeding in a jeep No. RJ -27/TA -0584 from Kaya Fala Chowki. At that' time, a Trailer No. RJ -27/GA -5327 being driven in rash and negligent fashion by its Narulal came from behind and collided with the jeep causing the death of Shivram and Ashok Kumar at the spot and causing injuries to the other occupants of the jeep. Various affected persons filed 8 claim applications in the Court of learned Tribunal. In the claim application No. 500/2011 out of which the instant appeal arises, the claimants claimed compensation on various grounds. The Tribunal discarded the evidence of the claimants, regarding the projected income of the deceased and as against the averments in the claim that the deceased was earning a sum of Rs. 7,500/ - per month by working as skilled labourer, the standards of minimum wages were applied and the deceased was held to be earning a sum of Rs. 4,050/ - per month. 50% enhancement in the income was added by way of future prospects looking to the fact that the deceased was aged between 25 -30 years on the date of accident. The deduction of 1/4th was made from the gross income towards personal needs and expenditure of the deceased looking to the number of claimants being five. The multiplier of 17 was applied. The claimant -wife was awarded Rs. 1,00,000/ - towards loss of consortium. Rs. 5,000/ -each were awarded to the three children of the deceased towards loss of love and affection and the claimant No. 5 mother was awarded Rs. 10,000/ - under the head of loss of service. Rs. 25,000/ - was awarded for funeral expenses, Rs. 3,000/ - was awarded for transportation of body and Rs. 1500/ - was awarded as loss of estate. Accordingly, the total compensation of Rs. 10,84,000/ - was awarded to the claimants. The appellant insurance company has challenged the quantum of compensation principally on the ground that the claimant -wife contracted another marriage during the pendency of the claim and, therefore, she was not entitled to any award under the head of loss of consortium.
(3.) LEARNED counsel for the appellant brought to the notice of this Court the finding recorded by the learned Tribunal at para 18 of the judgment and submitted that the Tribunal itself has recorded a finding based on the admission of the claimant -wife that she had contracted nata with another person. He thus urged that the compensation of Rs. 1,00,000/ - awarded to her under the head of loss of consortium should be deducted from the award.;