UNITED INDIA INSURANCE CO LTD Vs. BODALI BAI

JUDGEMENT

(1.) - Two appeals M. A. (C) Nos. 1243 and 1244 of 2007 by insurance company and two cross-objections for enhancement of compensation by the claimants filed therein and two appeals filed by the owner, M. A. (C)Nos. 1292 and 1271 of 2007, arising out of Claim Case Nos. 10 and 14 of 2007 are being disposed of by this common order.

(2.) ADMITTEDLY, South Eastern Coalfields ltd. (for short 'the S. E. C. L. ') was, on the date of accident, i. e. , 21. 10. 2005, owner of the truck No. CG 16-A 0651, a goods carriage (hereinafter referred to as 'the truck' ). It had permitted the truck to be used for taking the dead body of the father of one of its employees, i. e. , Shyam Bihari for cremation. The truck was being driven by the respondent Shankar Das (henceforth 'the driver' ). After cremation, on return ranjan Kumar Sahu, aged 22 years and sanjay, aged 23 years were being carried in the truck by the driver. The truck dashed against the bridge and turned turtle. Both ranjan Kumar Sahu and Sanjay died. Claim Case Nos. 14 and 10 of 2000 were filed by the parents of both deceased respectively for compensation before" Second additional Motor Accidents Claims Tribunal (FTC), Manendragarh, Korba (herein after referred to as 'the M. A. C. T. ' ).

(3.) IN both cases, the M. A. C. T. assessed compensation by taking the notional yearly income of the deceased at Rs. 15,000 and deducting 1/3rd therefrom towards personal expenses of the deceased and adopting a multiplier 17. Break-up of the compensation awarded by the M. A. C. T. in each case is as under: <FRM>JUDGEMENT_2213_ACJ_2009Html1.htm</FRM>