NEW INDIA ASSURANCE COMPANY LIMITED Vs. PUSHPA

JUDGEMENT

(1.) This appeal is filed by the New India Assurance Co. Ltd. against the award of Mr. V.B. Gupta, Judge, Motor Accidents Claims Tribunal.

(2.) In an accident caused by mini bus No. DEP 5403 to the motor cycle No. DIT 7018 on 21.2.1984, one Narinder Kumar Varma died. The claim petition was filed by his widow, minor son and mother. The deceased was 29 years old at the time of the accident. He was holding post-graduate diploma in mechanical engineering and was working in a private firm where he was getting Rs. 1,300.00 per month as salary. The claimants had claimed compensation of Rs. 5,00,000.00.

(3.) The Tribunal did not proceed in a normal way to work out the total amount of compensation payable and the distribution of it amongst the three claimants. The Tribunal referred to an observation of the Supreme Court in Bishan Devi v. Sirbaksh Singh, 1979 ACJ 496 (SC), to the effect that "in most cases it is seen that a lump sum payment is not to the advantage of the dependants as large part of it is frittered away during litigation and by payment to persons assisting in the litigation..." The learned Judge of the Tribunal misunderstood the said observation to mean that the Tribunal should make arrangements for monthly payments to the claimants. The Tribunal directed that the widow Pushpa should get Rs. 600.00 per month considering the fact that she was already employed in a bank and was getting a salary of Rs. 1,150.00 per month. The Tribunal then directed that Dushyant Varma should get Rs. 200.00 per month and the mother Prem Lata should get Rs. 200.00 per month. This monthly payment was conditional. In regard to Pushpa the amount was payable till her death or her remarriage, whichever was earlier. Payment to Dushyant Varma was to be made till he attained the age of 25 years or till his marriage, whichever is earlier. Payment to mother Prem Lata was to be made till her death.