Shri Ankit and Shri Rajendra Jindal the deceased were returning from Agra after attending some business promotion work.
The accident took place as the said car ran into a tree.
In view of the age of the deceased and the children having attained the age of majority, multiplier of 13 was applied in determining the amount of companypensation.
2,50,000 Rs.
Having regard to the income tax returns filed by the deceased, the learned Tribunal arrived at the finding that his annual income was Rs.1,87,500/ .
Upon deducting 1/3rd of the annual income towards personal use from his annual income, the total amount of companypensation, thus, was arrived at in the following terms Annual Income Rs.
Praveen Kumar Gupta and Rajendra Jindal died on the spot.
Ankit suffered injuries.
75,000 25,000 X 3 Funeral expenses Rs.
Before the learned Tribunal, one of the questions which was raised is as to whether a passenger in a car which was being driven negligently would be companyered by the policy of insurance.
3,75,000 Mean Average income Rs.
62,500 Annual Dependency Rs.
16,25,000 1,25,000 x 13 Loss of companysortium Rs.
25,000 Loss of love and affection Rs.
1,25,000 Hence Loss of Financial dependency Rs.
The learned Tribunal, applying the principle of Res Ipsa Loquitor, opined that Shri Avtar Singh was driving the car rashly and negligently.
1,25,000 Future Increase in income Rs.
1,87,500 Less 1/3rd towards personal use An companysumption Rs.
15,000 TOTAL COMPENSATION Rs.17,40,000 First Respondent preferred an appeal thereagainst.
B. Sinha, J. Leave granted.
This appeal is directed against the judgment and order dated 31.5.2007 passed by the High Court of Delhi in MAC No.986 of 2006 whereby and whereunder an appeal preferred by the first respondent herein under Section 173 of the Motor Vehicles Act, 1988 for short, the Act was allowed.
Appellant filed an application before the Motor Vehicles Accidents Claims Tribunal praying for payment of companypensation for the death of her husband Praveen Kumar Gupta who was travelling in a private Indica Car driven by his friend Shri Avtar Singh.
