ORIENTAL INSURANCE COMPANY Vs. MEENA DEVI AND ORS

JUDGEMENT

(1.) The above captioned two appeals are directed against Award of 21st January, 2013 vide which compensation of Rs.7,02,773/- with interest @ 9% per annum has been awarded to Claimants. In the above captioned first appeal, Oriental Insurance Company Limited (hereinafter referred to as Insurer) seeks reduction of quantum of compensation granted, whereas in the above captioned second appeal, enhancement of compensation is sought by Claimants. Since these two appeals arise out of common Award of 21st January, 2013, therefore, both these appeals have been heard together and are being decided by this common judgment. The facts as noted in opening paragraphs of the impugned Award are as under:-

(2.) The Motor Accident Claims Tribunal (hereinafter referred to as "the Tribunal") has relied upon the evidence of Meena (PW-1), wife of Lal Babu, who had died in a vehicular accident on 23rd August, 2010. The Tribunal has also relied upon the evidence of eye witness-Raju Jha (PW-2) and the other evidence on record to award the compensation as noted hereinabove. Deceased Lal Babu, aged 57 years on the day of this vehicular accident, was working as a Contractor and the Tribunal has assessed his income on the basis of minimum wages of an unskilled labourer and has calculated "loss of dependency" by adding 30% towards "future prospects" and since deceased was married, 1/4th towards "personal expenses" of deceased has been deducted and by applying multiplier of 9, "loss of dependency" has been assessed at Rs.5,55,773/-. The breakup of compensation awarded to legal heirs of deceased by the Tribunal is as under:-

(3.) The challenge to the impugned award by learned counsel for Insurer is on the ground that the Tribunal has erred in adding 30% towards "future prospects", whereas addition of 10% towards "future prospects" ought to have been made. It is submitted by counsel for Insurer that wife of deceased alone was dependent upon him and so, deduction of 1/2 towards "personal expenses" of deceased ought to be made. To seek reduction of the compensation under the non-pecuniary heads, reliance is placed upon Supreme Court's Constitution Bench decision in National Insurance Company Ltd. Vs. Pranay Sethi & Ors., 2017 16 SCC 680. Thus, reduction in quantum of compensation granted is sought by counsel for Insurer.