NATIONAL INSURANCE CO LIMITED Vs. SWARANLATA DAS

JUDGEMENT

(1.) This petition for grant of special leave is directed against the judgment and order dated 28th January, 1992 of the High Court of Gauhati, Agartala Bench enhancing in appeal the compensation in a fatal accident's action from Rs. 72,000/- awarded by the Motor Accident Claims Tribunal to Rs. 1,50,000/-to the dependants of certain Swapan Das, aged 26 years, who died as a result of the injuries sustained in a motor accident that occurred on 28th June, 1984 at Pagla Devta Bari on Assam-Agartala road when a truck hit him.

(2.) On 24th April, 1990, some six years after the accident, a claim was brought by the parents as well as the widow of the deceased Swapan Das for a compensation of about Rs. 11,00,000/- The deceased was said to be a dry fish manager earning about Rs. 1,500/- per month. The Tribunal did not accept this claim; but estimated the loss of dependancy at Rs. 3,600/-annually and capitalised it on 20 years' purchase value for arriving at the figure of Rs. 72,000/-. This sum along with interest at the rate of 12% from the date of filing of the petition was awarded.

(3.) The respondents-claimants preferred an appeal before the High Court claiming enhancement. The High Court enhanced the compensation to Rupees 1,50,000/-.