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2014 DIGILAW 130 (JHR)

Oriental Insurance Company Ltd. v. Salim Mian

2014-01-20

D.N.UPADHYAY

body2014
ORDER This appeal has been preferred by the Oriental Insurance Company Ltd. against the judgment and award dated 23rd January, 2012 passed by learned District Judge-I cum-Motor Vehicle Accident Claims Tribunal, Pakur in connection with M.A.C.T. Case No.71 of 2008 whereby the respondent Nos.1 and 2 (claimants) have been directed to be paid compensation to the extent of Rs.7,22,000/-including the interim compensation of Rs.50,000/-already paid to the claimants u/s 140 of the M.V. Act. The Tribunal has further directed that the balance of Rs.6,72,000/-shall be paid from the date of the judgment failing which the appellant/insurance company shall have to pay 9% per annum interest from the date of judgment till final realisation of the amount. 2. The brief facts, behind the filing of the claim application, is that on 06.09.2008 deceased was travelling on a bus bearing registration No.BR12P– 5222. The bus was being driven rashly and negligently as a result the door of the bus suddenly got opened and the deceased Md. Wasim fell down and crushed under the rear wheel of the bus and died at the spot. 3. The claimants, who are parents of the deceased Md. Wasim, have filed application for grant of compensation disclosing therein that the deceased was aged about 2526 years at the time of his death and he was a tailor by profession. The learned Tribunal after adjudication, awarded the amount, as aforesaid. 4. The appellant/insurance company has assailed the impugned judgment and award mainly on the ground that the Tribunal has committed error by selecting multiplier 18, considering the age of the deceased and forgotten to consider that the deceased was unmarried and therefore, age of the parent should have been taken into consideration for selecting multiplier. Furthermore, the claimants have failed to bring on record any documentary proof with regard to income of the deceased but the learned Tribunal, considering the oral evidence, has accepted the monthly income of the deceased at Rs.5000/per month. The deduction on personal expenses to be incurred by the deceased should have been done 50% but the Tribunal has wrongly deducted 1/3rd from the income of the deceased for calculating the compensation amount. 5. Learned counsel appearing for the claimants/respondents has opposed the argument and submitted that the deceased was a tailor and he was working on day to day basis. 5. Learned counsel appearing for the claimants/respondents has opposed the argument and submitted that the deceased was a tailor and he was working on day to day basis. He was hardly aged 2526 years and therefore, future prospects should have been taken by the Tribunal. The Tribunal has rightly assessed the compensation amount which needs no interference but direction to pay interest on the awarded amount should have been given. 6. I have gone through the impugned judgment from which it is evident that the learned Tribunal has chosen multiplier 18, considering the age of the deceased whereas the settled law is that age of dependent, who are parent in the present case, should have been taken and if the age of the mother, who was aged about 42 years is considered, the multiplier would be 15. The next point which the learned counsel has raised is that the deduction towards personal expenses to be incurred by an unmarried deceased should have been made 50% from the salary instead of 1/3rd which the learned Tribunal has done in this case. If the prayer of the learned counsel is considered, as also held in the case of Sarla Verma Vrs. D.D.C. reported in 2009(6) SCC 121 , the monthly income of the deceased, after deducting 50%, would come to Rs.2500/per month. Therefore, the annual income would be Rs.30,000/and if it is multiplied by 15, the compensation amount would come to Rs.4,50,000/. The claimants have already received Rs.50,000/as interim compensation u/s 140 of the M.V. Act and therefore, the balance sum of Rs.4,00,000/added with Rs.2000/on funeral expenses, total compensation amount of Rs.4,02,000/shall be paid with interest @ 6% per annum from the date of framing of the issue. The amount so awarded shall be paid to the claimants within 90 days from today failing which the penal interest, as directed by the Tribunal, shall be made enforceable. 7. With this modification in the impugned judgment and award, this appeal stands partly allowed. Liberty is given to the claimants/respondents to withdraw the statutory amount of Rs.25,000/deposited by the appellant at the time of presenting the appeal but it is made clear that said amount of Rs.25,000/shall be deducted from the compensation amount, as indicated above. 8. All interlocutory applications pending shall be considered as disposed of.