MAYA SINGH Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed against the impugned order dtd. 31/7/2019 [MA No. 568 of 2015] passed by the High Court [High Court of Madhya Pradesh at Gwalior] in a motor accident case. [Claim Case No. 65 of 2014] The Tribunal [First Additional Motor Accidental Claims Tribunal, Dist. Gwalior (M.P.)] awarded compensation of Rs.28,66,994.00 under various heads along with interest @ 7.5% per annum from the date of filing of the claim petition till realisation. However, the High Court reduced the compensation to Rs.19,66,833.00 observing that the deceased was to remain in service only for another 02 years and thereafter would have retired. Split method for calculation of dependency was applied.

(3.) The facts on record are that on 7/3/2014 at about 03.00 p.m., Laxman Das Mahour (deceased) was travelling with his son Jugal Kishore, on a bus. After getting off the bus, he was walking on the road when the offending bus bearing Registration No. MP-06/B-1725 dashed against him. Tragically, Laxman Das succumbed to his injuries at the scene of the accident. The appellants are the family of the deceased, who filed the claim petition seeking compensation.