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2017 DIGILAW 1910 (SC)

Ursela Lakra v. National Insurance Co. Ltd.

2017-12-22

DIPAK MISRA, SANJAY KISHAN KAUL

body2017
ORDER : 1. Leave granted. 2. Heard Mr. C.S. Padhi, learned counsel for the appellant and Dr. Meera Agarwal, learned counsel for the insurer. 3. The appellant-the mother of the deceased filed a claim petition before the Motor Accident Claims Tribunal, Nabarangpur, putting forth a claim of Rs. 12,50,000/- (Rupees twelve lacs fifty thousand only). The tribunal, considering the materials brought on record, determined the income of the deceased as Rs. 27,106/- (Rupees twenty seven thousand one hundred six only) per month, and regard being had to the age of the deceased, applied multiplier of 13. The total amount of compensation awarded by the Tribunal was Rs. 21,18,770/-. The High Court in appeal preferred by the insurer, reduced the amount to Rs. 12,00,000/- (Rupees twelve lacs only). 4. Learned counsel for the appellant submits that the High Court has erred in reducing the amount without ascribing any reason. He would submit that 30% towards the future prospects was not added. However, he would submit that he will be satisfied if the award of the tribunal is restored. 5. Having heard learned counsel for the parties, we are of the considered opinion that it is a fit case where the award of the tribunal should be restored and it is so ordered. The differential sum shall be deposited within twelve weeks hence, failing which it shall carry interest at the rate of 9% per annum from the date of application before the Tribunal. The amount deposited shall be disbursed in favour of the appellant on proper identification. 6. In view of the above, the appeal stands disposed of. There shall be no order as to costs.