ORIENTAL INSURANCE COMPANY LTD Vs. RANJANA MISHRA

JUDGEMENT

(1.) THESE two Appeals arise out of a common judgment dated 27.08.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) in Suit No.1382/2008 whereby a compensation of Rs.50,40,940.00 was awarded in favour of the legal representatives of deceased Nagendra Mishra, who died in a motor vehicle accident which occurred on 04.11.2008.

(2.) MAC APP.745/2010 has been filed by the Oriental Insurance Company Limited on the ground that the compensation awarded is exorbitant and excessive whereas in MAC APP.401/2011, the legal representatives of the deceased Nagendra Mishra claim that the compensation awarded particularly the rate of interest is very low.

(3.) DURING inquiry before the Claims Tribunal, it was claimed that the deceased was working as an Assistant Manager (Purchase) with Distilleries & Chemicals Pvt. Ltd., Gehlab Road, Hathin, District Mewat, Haryana and was getting a salary of Rs.23,618.00 per month. The Claimants during the course of inquiry proved a salary certificate Ex.PW-1/12 to show that the deceased received annual salary of Rs.2,96,352.00 at the time of his death. This certificate was not disputed. The Claims Tribunal deducted one-fourth towards the personal and living expenses of the deceased; applied the multiplier of 15 to compute the loss of dependency as Rs.50,00,940.00.