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2008 DIGILAW 142 (CHH)

NATIONAL INSURANCE CO. LTD. v. DURAIYA HUSSAIN

2008-06-16

DHIRENDRA MISHRA, RAJEEV GUPTA

body2008
ORDER Shri Rajeev Gupta, C.J. :- 1. By allowing I.A. No. 02/2008, the document filed along with this application is taken on record. 2. Shri U.N.S. Deo, learned counsel for the appellant is heard on I.A. No. 1/2008, an application for condonation of delay in filing the appeal. 3. On due consideration, we are satisfied that the appellant - Insurance Company has succeeded in showing sufficient cause for the delay in filing the appeal. 4. I.A. No. 01/2008, therefore, is allowed and the delay in filing the appeal is hereby condoned. 5. Shri U.N.S. Deo, learned counsel for the appellant is heard on admission. 6. This is insurer's appeal against the award dated 07-08-2007, passed by the Seventh Motor Accident Claims Tribunal, Raipur(for short 'the Tribunal') in Motor Claim Case No. 98/2006. 7. As against the compensation of Rs.16,50,000/- claimed by the claimants, by filing a claim petition under Section l63-A of the Motor Vehicles Act, for the death of deceased - Javed Hussain, husband of claimant No.1 - Smt. Duraiya Hussain and father of claimants No.2 & 3, Ku. Alphiya & Ku. Munira Bano, the Tribunal awarded a sum of Rs.3,06,880/- as compensation along with the interest @6% per annum from the date of filing of the claim petition till the date of actual payment. 8. Shri U.N.S. Deo, learned counsel for the appellant, submitted that as the appellant - Insurance Company was granted permission under Section 170 of the Motor Vehicles Act to contest the claim on all available defences, quantum of compensation awarded by the Tribunal is being challenged in this appeal filed by the Insurer of the offending vehicle. 9. The Tribunal on a close scrutiny of the evidence led by the parties assessed the income of deceased - Javed Hussain at Rs.2,500/ - per month. By deducting 1/3rd of Rs.2,500/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs. l ,666/- per month and Rs.19,992/per annum. By multiplying the annual dependency of Rs.19,9921- with the multiplier ofl5, the compensation was worked out to Rs.2,99,880/ -. By awarding a further sum of Rs.2,000/- towards funeral expenses and Rs.5,000/- for loss of estate, the Tribunal awarded a total sum of Rs.3,06,880/ - as compensation to the claimants for the death of deceased - Javed Hussain in the motor accident. 10. By awarding a further sum of Rs.2,000/- towards funeral expenses and Rs.5,000/- for loss of estate, the Tribunal awarded a total sum of Rs.3,06,880/ - as compensation to the claimants for the death of deceased - Javed Hussain in the motor accident. 10. Shri U.N .S. Deo, learned counsel for the appellant vehemently argued that the Tribunal has erred in assessing the income of the deceased at Rs.2,500/per month and selecting the multiplier of 15. 11. Deceased - Javed Hussain, at the relevant time, was working as Coolie in the offending vehicle Minidor. Even an unskilled labour can easily earn Rs.80100/- per day. As such, the assessment of the income of the deceased by the Tribunal at Rs.2,500/- per month cannot be held to be on the higher side. 12. The claimants' dependency has been rightly assessed by deducting 11 3rd of the income of the deceased towards his personal expenses. 13. The multiplier ofl5 selected by the Tribunal considering the age of the deceased, his widow - claimant No.1 Smt. Duraiya Hussain and his two minor daughters Ku. Alphiya & Ku. Munira Bano also cannot be found fault with. 14. For the foregoing reasons, we do not find any good ground for reduction of the compensation assessed by the Tribunal at Rs.3,06,880/-. The appeal filed by the Insurance Company challenging only the quantum of compensation awarded by the Tribunal, therefore, is liable to be dismissed and is hereby dismissed summarily. Appeal Dismissed.