ORIENTAL INSURANCE CO. LTD Vs. MADHU

JUDGEMENT

(1.) The present appeal preferred by the insurer under Sec. 173 of the Motor Vehicle Act, 1988, seeks to assail the award dtd. 13/5/2022 passed by the learned MACT in MACT No. 245/2017. Vide the impugned award, the learned Tribunal has allowed the claim of respondent nos. 1 to 3 by awarding a sum of Rs.41,26,605.00 as compensation with interest @ 6% p.a.

(2.) The said amount has been computed by taking into account the monthly income of the deceased as Rs.23,917.00 and thereafter determining the amount towards loss of dependency by deducting 1/4th of his monthly income towards his personal and living expenses. The compensation also includes a sum of Rs.44,000.00 towards loss of consortium for each of the four original claimants, one of whom i.e Shri Ram Nath, the father of the deceased, expired during the pendency of the trial before the Tribunal itself.

(3.) Learned counsel for the appellant submits that the grievance of the appellant is confined to two aspects, the first being that taking into account that the father of the deceased, who was one of the claimants, had expired during the pendency of the proceedings before the learned Tribunal and therefore 1/3rd of the income of the deceased was required to be deducted towards his personal and living expenses as against the 1/4th amount deducted by the Tribunal. Furthermore, no amount could have been awarded towards loss of consortium in favour of the father of the deceased who had expired before the passing of the award.