ORIENTAL INSURANCE COMPANY Vs. RAJESH YADAV

JUDGEMENT

(1.) THIS is insurer's appeal against the award dated 7-2-2004, passed by First Additional Motor Accident Claims Tribunal, Ambikapur, in Motor Claim Case No. 64/2003.

(2.) RESPONDENT Nos. 3 to 7, unfortunate widow and minor children of deceased Vimal Kumar claimed compensation of Rs. 34,10,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 4-7-2003. The claimants pleaded that deceased Vimal Kumar was working as Constable in Central Industrial Security Force and was getting salary ofRs. 6,000/-per month.

(3.) THE Tribunal assessed the income of the deceased at Rs. 5,128/- on the basis of the salary certificate adduced in evidence. THE claimants' dependency was assessed at Rs. 3,400/- per month. By multiplying the annual dependency with the multiplier of 15, the compensation was worked out to Rs. 6,12,000/-. By awarding a further sum of Rs. 20,000/- under other permissible heads, the Tribunal awarded a total sum of Rs. 6,32,000/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment.