ORIENTAL INSURANCE COMPANY Vs. CHANDA BAI

JUDGEMENT

(1.) LEARNED counsel for the parties are heard on MCP No. 313/2007, a petition for condonation of delay in filing the appeal.

(2.) ON due consideration of the submissions of learned counsel for the parties and the grounds taken in the application, we are satisfied that the appellant/Insurance Company has shown sufficient cause for the delay in filing the appeal. MCP No. 313/2007, therefore, is allowed and the delay of 14 days in filing the appeal is hereby condoned. Shri Prashant Jayaswal, learned Senior Advocate for the appellant is heard on admission.

(3.) THE claimants pleaded that deceased Moti Lal Gond used to earn Rs. 250/- per day and Rs. 7,500/- per month by selling vegetables. The Tribunal on a close scrutiny of the evidence led by the parties held that deceased Moti Lal Gond died on account of the injuries sustained by him in the motor accident; the accident occurred due to rash and negligent driving of the driver of the offending vehicle truck; as the offending vehicle truck on the date of the accident was insured with the Oriental Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants. The Tribunal assessed the income of the deceased at Rs. 90/- per day and Rs. 2,700/- per month and Rs. 32,400/- per annum. By deducting 1 /4th of Rs. 32,400/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs. 24,300/- per annum. By multiplying the annual dependency of Rs. 24,300/- with the multiplier 13, the compensation was worked out to Rs.3,15,900/-. By awarding further sum of Rs. 28,000/-under other heads, the Tribunal awarded a total sum of Rs. 3,43,900/- as compensation along with interest @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment. Shri Prashant Jayaswal, learned Senior counsel for the appellant/ Insurance Company vehemently argued that the Tribunal has erred in deducting only l/4th of the income of the deceased towards his personal expenses as against the usual deduction of l/3rd in that behalf.