Oriental Insurance Company Limited v. Sri Nikunja Das
2016-01-27
DEEPAK GUPTA
body2016
DigiLaw.ai
JUDGMENT : By means of this appeal, the Insurance Company has challenged the award dated 21.08.2012 passed by the learned Motor Accident Claims Tribunal, Court No.4, West Tripura, Agartala in T.S.(MAC) No.262 of 2011 whereby the learned Tribunal awarded a sum of Rs.7,63,880/- in favour of the claimants under the following heads:- Loss of dependency Rs.7,48,872/- Loss of love and affection Rs. 10,000/- Funeral expenses Rs. 5,000/- Total Rs.7,63,872/- Rounded off to Rs.7,63,880/- 2. The deceased was 18 years old and the father of the deceased appeared as a witness in the witness box. The father who is aged 42 years claimed that he himself was unemployed while his son was running a poultry business. This statement cannot be believed. It is not possible for a young boy of 18 years to be running a business which requires investment of capital when the father claims that he himself is unemployed. Even otherwise, not a single document has been placed on record to show that the deceased was running any poultry business. It is also stated that the deceased was a Tripura Ball Badminton Association player. It is stated that the deceased was a very good sportsman and in support of this some certificates of the Annual Sports Meet of Chailengta School have been placed on record. One certificate has also been placed on record to show that the deceased participated in a Ball Badminton competition organized by the Khowai Ball Badminton Association. Therefore, it is apparent that he was an able bodied young man. The accident took place in the year 2011 and in the year 2011 even a daily waged labourer in Tripura would not have earned less than Rs.100/- per day or Rs.3,000/- per month. 50% will have to be added taking in view his future prospects and it works out to Rs.4,500/-. 50% deduction is made as per the law laid down in Munna Lal Jain and another v. Vipin Kumar Sharma and others, [ 2015 ACJ 1985 ] and the loss of dependency comes to Rs.2,250/- per month or Rs.27,000/- per year. Multiplier of 18 is applied and the compensation on this account works out to Rs.4,86,000/-. In addition thereto, the claimants would be entitled to Rs.50,000/- for loss of the son and Rs.20,000/- for funeral expenses.
Multiplier of 18 is applied and the compensation on this account works out to Rs.4,86,000/-. In addition thereto, the claimants would be entitled to Rs.50,000/- for loss of the son and Rs.20,000/- for funeral expenses. Therefore, the total compensation works out to Rs.(4,86,000 + 50,000 + 20,000) = Rs.5,56,000/- (rupees five lakh fifty six thousand). 3. The award of the learned Tribunal is full of errors. He after reading the judgment in Sarla Verma’s case had wrongly not increased the income by 50% and only by 30% but he made a wrong deduction of only 1/3rd of the income. He was required to deduct 50% of the income. 4. In view of the above discussion, the appeal is partly allowed. The award of the learned Tribunal is modified and the compensation is reduced from Rs.7,63,880/- to Rs.5,56,000/-, i.e. by Rs.2,07,880/-. On the amount of compensation so awarded, the claimants shall also be entitled to interest @ 9% per annum from the date of filing of the claim petition till payment/deposit of the awarded amount. The Insurance Company is directed to deposit the awarded amount of compensation along with interest in the Registry of this Court within 8(eight) weeks from today after deducting/adjusting the amount, if any, already paid/deposited by them along with proof of such earlier deposit. 5. The appeal is disposed of in the aforesaid terms. 6. Send down the lower court records forthwith.