ORIENTAL INSURANCE COMPANY LTD Vs. RAJNI DEVI

JUDGEMENT

(1.) THE Appellant Oriental Insurance Company Ltd. seeks reduction of compensation of Rs. 9,41,040/- awarded by the Motor Accident Claims Tribunal, (the Tribunal) for death of Raju Kumar Mandal who succumbed to the fatal injuries in an accident which took place on 23.06.2007. During inquiry before the Tribunal, it was claimed that deceased Raju Kumar Mandal was aged about 25 years on the date of the accident. He was a professional driver and getting a salary of Rs. 6,000/- per month. Deceased's driving licence Ex.PW-1/1 was proved where the deceased's date of birth was mentioned as 14.01.1982. In the absence of any cogent evidence with regard to the deceased's income of Rs. 6,000/- per month, the Tribunal took the minimum wages of a skilled worker (Rs. 3940/- per month), added 50% towards inflation, deducted one-third towards personal and living expenses and applied the multiplier of 18 to arrive at the loss of dependency as Rs. 8,51,040/-. THE Tribunal further granted sum of Rs. 50,000/- towards loss of love and affection, Rs. 10,000/- towards loss of estate, Rs. 10,000/- towards loss of consortium and Rs. 20,000/- for last rites.

(2.) THE contentions raises on behalf of the Appellant's are:-

(3.) IN this case the deceased died issueless. He did not leave behind the parents. Thus, the widow was the only dependant; applying the ratio of Sarla Verma (supra), the deduction towards the personal and living expenses has to be one-half and not one-third. Obviously, the deceased would spend not less than 50% on himself. The Tribunal erred in making deduction of only one-third towards the personal living expenses of the deceased. IN my view, it has to be one-half.