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| HC modifies award in Insurance claim | | |
Jammu, July 14 (JNF) : Salvinder Paul Verma, a Medical Practitioner registered with the State Council of Ayurvedic and Unani Medicines was traveling on his Motor Cycle on December 9, 2008 with his Wife Veena Devi, a business woman, when the Motor Cycle was hit by Truck bearing Registration No. HR61/1202 near Chhalan More, Ramkot at 5.40 pm. Both of them died on spot because of the injuries sustained in the accident. Their Son Sumit Verma and Daughters Anita Verma and Preetika filed two Claim Petitions claiming compensation for the death of their parents who had died because of the rash and negligent driving of Truck No. HR61/1202 by Surinder, its driver. Allowing the Claim Petitions, the Motor Accidents Claims Tribunal, Kathua awarded them Rs.8,94,240/- and Rs. 8,99,968/- as compensation for the death of their father and mother respectively.
Aggrieved by the judgment of MACT Kathua, IFFCO TOKIO General Insurance Co. Ltd filed two appeals against the award.
Justice JP Singh after hearing the parties observed that the Award of the Tribunal made in Claim Petition No. 24/2008 is accordingly modified as Award for Rs.8,44,845/- along with interest @ 7.5% per annum. Similarly, deducting 1/3rd from the annual income of the father of the claimants, as determined by the Tribunal, the annual dependency of the claimants on the income of their father would be Rs.58,416/-. Multiplying the annual income with 14, the selected multiplier, the loss of dependency of the claimants on the income of the deceased would be Rs.8,17,824/-. Adding Rs.15000/- for loss of love and affection and estate and Rs.3000/- for funeral expenses, the total compensation payable by the appellant to the claimants would be Rs.8,35,824/-. The Award of the Tribunal made in Claim Petition No. 25/2008 is accordingly modified as Award for Rs.8,35,824/- along with interest @ 7.5% per annum. These Appeals are, accordingly, allowed modifying the Awards of the Tribunal as indicated above. The amount payable to the claimants in terms of the modified Awards be released in their favour minus the amount already received by them and rest of the amount be released to the appellant by Account Payees Cheque. |
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