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2018 DIGILAW 890 (JHR)

Divisional Manager, New India Assurance Co. Ltd. v. Amin Das

2018-04-19

RAJESH KUMAR

body2018
JUDGMENT Mr. Rajesh Kumar, J. - Heard learned counsel for the parties. 2. This appeal has been filed by the appellant against the order dated 24.08.2013 passed in TMV No. 44 of 2011 by learned District Judge-V-cum-M.A.C.T., Dhanbad, whereby and where under, learned Tribunal has awarded Rs. 5.03,700/- with interest @ 6% per annum from the date of filing of the case till realization. 3. At the outset, learned counsel for the appellant-Assurance Company submits that he is confining his prayer only to the extent of quantum of compensation amount. 4. Learned counsel for the appellant has assailed the calculation of quantum ascertaining that the deceased-late Bachchu Kumar Das, being labour, is not entitled to future prospects. It has also been argued that personal expenses has taken only 1/3rd of the income, while the age of the deceased was 18 years and was unmarried and as per the judgment of Sarla Verma and Ors. v. Delhi Transport Corp. & Anr. reported in 2009 (6) SCC 121 , the personal expenses should have been taken as half of the income. 5. Learned counsel for both the parties have agreed to this extent that the finding recorded by the learned Claim Tribunal, so far as the income is concerned, that has not been challenged. Accordingly, findings recorded by learned Tribunal, so far as his income and number of dependency are concerned, that remains unchallenged and on that basis, the compensation amount has to be calculated. 6. Learned counsel for the respondents on the other hand submits that as per the judgment rendered by the Apex Court in the case of National Insurance Company Ltd. v. Pranay Sethi and Ors. reported in AIR 2017 SC 5157 , the claimants are entitled for 40% towards future prospects. 7. In view of the submission, this Court holds that the claimants are entitled for 40% towards future prospects. Loss of dependency will be half of the income of the deceased. 8. Considering the above factors, the amount of compensation is calculated here-in-below:- 1. Monthly income of the deceased: Rs. 3,000 per month 2. 40% towards Future Prospects : Rs. 12,00 per month Total Rs. 4200/- 3. Loss of dependency half of the income: Rs. 2100/- 4. Annual dependency: Rs. 2100 X 12 = Rs. 25,200/-(Multiplicand) As per the Age, Multiplier will be-16 (Rs. 25200 X 16 = Rs. 4,,03,200/- Loss of Estate = Rs. 3,000 per month 2. 40% towards Future Prospects : Rs. 12,00 per month Total Rs. 4200/- 3. Loss of dependency half of the income: Rs. 2100/- 4. Annual dependency: Rs. 2100 X 12 = Rs. 25,200/-(Multiplicand) As per the Age, Multiplier will be-16 (Rs. 25200 X 16 = Rs. 4,,03,200/- Loss of Estate = Rs. 15,000/- Funeral Expenses = Rs. 15,000/- Total Rs. 30,000/- 9. After adding sum payable, such as loss of estate and funeral expenses i.e. Rs. 30,000, the final compensation amounts comes to Rs. 4,33,200/-. 10. It has been submitted by both the parties that Rs. 3,50,000/- has already been paid to the claimants, in terms of the order dated 08.05.2015 passed by this Court. 11. In that view of the matter, the claimants are entitled for Rs. 83,200/- only as compensation. 12. Accordingly, the present appeal is disposed of with only modification in the Award dated 24.08.2013 that the claimants will be entitled for amount of Rs. 4,33,200/- with @ 6% interest from the date of filing of the claim petition. Registry is directed to return the statutory amount to the appellant.