PRABHA SARKAR Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) The Claims Tribunal has passed an award for Rs.6,14,173/- which is under challenge by both the parties.

(2.) On 04th October, 2010, Protima Sarkar was crossing road near Dhaula Kuan Metro Station, Dhaula Kuan when she was hit by Tata Indigo taxi bearing No.DL-1RX-3446 which resulted in grievous injuries. She suffered head injury and fracture in Cervical Spine Type II DENS and Dorsal Spine (D5 burst fracture). She underwent Odontoid Screw fixation with D5 Laminectomy with D4-6 pedicle screw and rod fixation using Medtronic Odontoid screw and Synthes 4 screws implant. She was removed to AIIMS Trauma Centre where she remained till 14th October, 2010. Protima Sarkar did not recover from the injuries suffered and died on 10th May, 2011. She was survived by her mother who filed the claim petition before the Claims Tribunal. The deceased aged 21 years was unmarried and was working as a maid servant at the time of accident.

(3.) The Claims Tribunal took minimum wages of Rs.5850/- in respect of a non-matriculate, deducted 50% towards her personal expenses and applied multiplier of 14 according to the age of the mother to compute the loss of dependency as Rs.4,91,400/-. The Claims Tribunal awarded Rs.62,773/- towards expenditure on treatment, Rs.25,000/- towards loss of love and affection, Rs.25,000/- towards funeral expenses and Rs.10,000/- towards loss of estate. The total compensation awarded by the Claims Tribunal is Rs.6,14,173/-.