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2018 DIGILAW 1527 (PAT)

Genda Devi v. Ashok Kumar Singh

2018-09-19

SANJAY PRIYA

body2018
JUDGMENT : SANJAY PRIYA, J. 1. None appeared on behalf of the Appellants. On the last date also, none appeared on behalf of the Appellants. 2. Counsel for Respondent No.2- National Insurance Company is present. Counsel for the Respondent No.1 is also present. 3. Instant appeal has been filed against the judgment and award dated 23.11.2015 and 23.12.2015 passed by the District Judge-cum-Motor Vehicle Accident Claims Tribunal, Rohtas at Sasaram, in M.V. Claim Case No.46 of 2003 for enhancement of the amount of compensation awarded by the tribunal. 4. This Court after perusing the impugned judgment finds that the learned Tribunal has properly adjudged the income of the deceased and applied multiplier of eight keeping in view the age of the deceased as 57 years. 5. This Court is not inclined to interfere with aforesaid findings of the learned Judge. 6. However, this Court relying on judgment of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi, (2017) 4 PLJR 261 (SC), wherein, in para 61, it has been held that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/-, Rs. 40,000/- and Rs. 15,000/- respectively, feels that amount of Rs. 25,000/- awarded by the learned Tribunal towards other traditional head requires to be modified to that extent. 7. Accordingly, amount of Rs. 25,000/- under the traditional head awarded by the learned Tribunal is modified to Rs. 70,000/-. 8. This Misc. Appeal is, accordingly, disposed off with modification in the amount of traditional head. 9. The Respondent No.2-Insurance Company will make payment of the amount of compensation awarded by the Tribunal along with modified amount of traditional head, as ordered by this Court, to the Appellants within a period of three months from the date of receipt of copy of this judgment, failing which Appellants will be at liberty to take appropriate action in accordance with law.