NEW INDIA ASSURANCE CO LTD Vs. SUMITA

JUDGEMENT

(1.) The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 12,55,000 has been awarded to claimants-respondent Nos. 1 to 4. The appellant is seeking reduction of the award amount. Claimants-respondent Nos. 1 to 4 have filed cross-objections seeking enhancement of the award amount.

(2.) The accident dated 2.10.2005 resulted in the death of Pawan Kumar Yadav. The deceased was aged 23 years at the time of the accident and was carrying on the business of transporter in the name of Yadav Tempo Service. The deceased left behind four legal representatives, namely, widow, minor son and parents, who filed the claim petition before the learned Tribunal.

(3.) The father of the deceased appeared in the witness-box as PW 1 and deposed that the deceased was a transporter by profession and was running transport business in the name of Yadav Tempo Service earning Rs. 12,000 to Rs. 14,000 per month. The copy of the passbook of the deceased with State Bank of India was proved as Exh. PW1/1 according to which, the total deposits between 28.8.2004 and 20.5.2005 were Rs. 76,000. There were eight withdrawals of Rs. 7,635 at regular intervals. According to PW 1, Rs. 7,635 was being paid as EMI to the bank by the deceased towards the vehicle owned by him. On the basis of the said withdrawals, the income of the deceased was taken as Rs. 6,000 per month considering that the taxable limit, in 2005-06 was Rs. 1,00,000. The learned Tribunal added 50 per cent towards the future prospects, deducted 1/3rd towards personal expenses and applied multiplier of 17 to compute the loss of dependency at Rs. 12,25,000. Rs. 10,000 has been awarded for loss of consortium, Rs. 10,000 for loss of love and affection and Rs. 10,000 towards funeral expenses. The total compensation awarded is Rs. 12,55,000.