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MANJARI NEHRU KAUL
United India Insurance Company Ltd. – Appellant
Versus
Sona – Respondent
JUDGMENT
Manjari Nehru Kaul, J. - The Insurance Company is before this Court to impugn the award dated 01.11.2019 passed by the learned Motor Accident Claims Tribunal, Jhajjar, wherein the following compensation was awarded to the claimants on account of the death of Arjun Dev (hereinafter referred to as, 'the deceased') in a motor vehicular accident which took place on 25.11.2017:-
| Sr. No. | Head | Amount |
| 1. | Monthly income | Rs. 8,000/- |
| 2. | Future prospects @ 40 % | Rs. 3,200/- |
| 3. | Deduction towards personal expenses @ 1/2 | Rs. 5,600/- |
| 4. | Annual dependency (5600 x 12) | Rs. 67,200/- |
| 5. | Multiplier | 17 |
| 6. | Loss of dependency (67,200 x 17) | Rs. 11,42,400/- |
| 7. | Loss of estate | Rs. 15,000/- |
| 8. | Funeral expenses | Rs. 15,000/- |
|
| Total compensation | Rs. 11,72,400/- |
2. The amount of compensation along with interest @ 6% p.a. was ordered to be paid by the respondents in the claim petition, jointly and severally. Claimant No.1-Sona (mother of the deceased) was held entitled to the whole amount of compensation, whereas claimants No.2 and 3 namely Rohtash and
The claimants must prove the involvement of the offending vehicle and the rash and negligent driving of the driver to succeed in a claim under Section 166 of the Motor Vehicles Act, 1988.
The court clarified the liability of insurers in accident claims under the MV Act, especially regarding compensation calculations and the assessment of evidence.
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