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2012 DIGILAW 234 (JK)

National Insurance Co. Ltd. v. Jeet Raj & Ors.

2012-05-09

J.P.SINGH

body2012
The Motor Accidents Claims Tribunal, Jammu awarded Rs.3,65,000/- as compensation for the death of Vinod Kumar, who died as a result of the injuries sustained while working as a Labourer with Tractor No. JK02K-9768 that turned turtle on 29.01.2003 at Rehal Morh of Tehsil Bishnah District Jammu because of the rash and negligent driving of the Tractor driver. The appellant, National Insurance Company Limited, has filed this Appeal questioning the quantum of compensation awarded by the Tribunal to the parents and sister of the deceased, a Bachelor. I have heard learned counsel for the parties and considered their submissions in the light of the evidence led by the claimants to support their claim of compensation. There appears merit in the appellant s learned counsel s submission that the Tribunal had erred in omitting to deduct the amount from his earnings that the deceased would have spent on him had he remained alive, while assessing compensation payable to his dependents. His other contention that the Tribunal had erred in taking the monthly income of the deceased at Rs.4,500/- in the absence of any documentary evidence is, however, found unsustainable, for, the absence of documentary evidence would not, as of rule, render sustainable oral evidence in proof of the income of the deceased unworthy of credence. However, there being no certainty in the claimants evidence about the exact income of the deceased at the time of his death and taking into consideration the fact that the deceased was a matriculate and was working as a labourer to supplement the income of his family, it would be prudent to take his monthly income as Rs.3,500/- rather than Rs.4,500/- taken by the Tribunal. Deducting 1/3rd therefrom, the dependency of the family on his earnings would therefore be Rs.2334/-. Rounding off the figure, the monthly income of the deceased is taken as Rs.2400/-. The age of the parents of the deceased being more than 50 years and less than 55 years, 11 would be the suitable Multiplier as suggested in Smt. Sarla Verma and others versus Delhi Transport Corporation and another, reported as 2009 (3) Supreme, 487 to assess the compensation. The deprivation of the support of the deceased to his family, had he survived the accident, can, therefore, be assessed, applying the Multiplier Method for assessment of compensation, at Rs.3,16,800/- i.e. Rs.2400 x 12 x 11. The deprivation of the support of the deceased to his family, had he survived the accident, can, therefore, be assessed, applying the Multiplier Method for assessment of compensation, at Rs.3,16,800/- i.e. Rs.2400 x 12 x 11. Adding Rs.5000/- for funeral expenses and Rs.15,000/- for loss of love and affection to the parents, the total compensation payable to the claimants would be Rs.3,36,800/-. The finding of the Tribunal on Issue Nos. 2 and 5 is, therefore, modified accordingly. This Appeal, therefore, succeeds and is, accordingly, allowed modifying the Tribunal s Award as Award for Rs.3,36,800/- along with interest as allowed by the Tribunal. The amount payable to the claimants in terms of the modified Award be released in their favour minus the amount already received by them and rest of the amount be released to the appellant by an Accounts Payee Cheque.