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Tripura High Court · body

2015 DIGILAW 589 (TRI)

Kamala Sarkarand v. Nikhil Das

2015-07-28

DEEPAK GUPTA

body2015
JUDGMENT : This is an appeal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal (Court No.3) in Case No. T.S. (MAC) 267 of 2010 vide award dated 13.09.2011, whereby he awarded a sum of Rs.2,54,000/- in favour of the claimant No.1. 2. The deceased was a 20 years old young man, who died on 15.04.2010. The learned Tribunal has assessed the income of the deceased at Rs.3,000/- per month deducted 50% for his personal expenses and applied multiplier of 14 to arrive at the compensation. 3. In the case of death of bachelor, this Court is following two systems. Either one-third is deducted for the personal expenses of the deceased in which case multiplier is applied by taken into consideration the age of the claimant and otherwise 50% is directed for the personal expenses of the deceased and then the multiplier is applied by taken into consideration the age of the deceased. 4. In the present case, even if the income was Rs.3,000/- per month 50% has to be added to the income for the personal expenses of the deceased. Therefore, the income works out to Rs.4,500/- per month. Out of this, 50% is deducted for the personal expenses of the deceased and therefore, the loss of dependency comes to Rs.2,250/- per month or Rs.27,000/- per year. Since the deceased was only 20 years of age multiplier of 18 is allowed and the compensation is assessed at Rs.4,86,000/-. In addition thereto, the claimants are held entitled to Rs.14,000/- for funeral expenses and Rs. 50,000/- for loss of their son. Therefore, the total compensation is assessed at Rs.5,50,000/- (Rupees Five lakh fifty thousand) (Rs.4,86,000/- + Rs.14,000/- + Rs.50,000/-). The award is enhanced from Rs.2,54,000/- to Rs.5,50,000/-, i.e. by Rs.2,96,000/- (Rupees Two lakh ninety six thousand). 5. The insurance company has already satisfied the awarded amount and therefore, it is directed to pay the enhanced amount of Rs.2,96,000/- (Rupees Two lakh ninety six thousand) along with interest @ 9% per annum from the date of filing of claim petition till deposit of the amount. The entire enhanced amount shall be paid only to the mother Smt. Kamala Sarkar. The insurance company is directed to deposit the enhanced amount along with interest within 12 (twelve) weeks from today in the Registry of this Court. The entire enhanced amount shall be paid only to the mother Smt. Kamala Sarkar. The insurance company is directed to deposit the enhanced amount along with interest within 12 (twelve) weeks from today in the Registry of this Court. The amount shall be kept in a separate deposit in multiple of Rs.50,000/- and out of the amount, Rs.50,000/- shall be paid to the mother every year in the month starting from January 2016, then January 2017, January 2018 till the entire amount is paid to her. 6. The appeal is disposed of in the aforesaid terms. Send down the LCRs forthwith.