RATNA MISRA Vs. NEW INDIA ASSURANCE CO.

JUDGEMENT

(1.) This appeal under Section 173 of Motor Vehicles Act, 1988 (for short the Act) has been preferred by claimants for enhancement of awarded compensation of Rs. 16,04,723 in Motor Accident Claim Petition No. 228 of 2008 decided by Motor Accident Claim Tribunal/Additional District Judge, Court No. 6, Hardoi (for short Tribunal) on 30.9.2009. In this case the only dispute which has been raised from the side of the claimants is of application of multiplier and of rate of interest granted by the Tribunal. Hence, the facts in detail need not to be gone into.

(2.) The fact in brief for deciding the controversy are that the deceased at the time of accident was working as Branch Manager in Awadh Gramin Bank, Mansoornagar. Hardoi drawing a gross salary of Rs. 31,749 per month. The basic salary of the deceased was Rs. 22,280 per month as per certificate of salary proved before Tribunal. Apart from basic salary the deceased was getting Rs. 8,022 as D.A. and Rs. 1,420 towards house rent allowance. The Tribunal after deducting income tax of Rs. 39,154, payable by the petitioner from the gross salary, determined the annual income of Rs. 3,41,834. After deducting 1/3rd towards the expenses of the deceased determined the dependency of the claimants of Rs. 2,27,889 per year.

(3.) For deciding the multiplier the Tribunal taken into consideration the date of retirement of the deceased, i.e., 14.9.2015. On the basis of date of birth of the deceased as 15.9.1955 the Tribunal found that only 7 years 2 months and 23 days were remained of service tenure of the deceased on the date of accident, i.e. 8.7.2008. It was further observed that there was no provision for pension or family pension according to service rules. Consequently, considering all these "facts applied the multiplier of 7 and determined the compensation of Rs. 15,95,223. After adding a sum of Rs. 9,500 towards funeral expenses, loss of estate and consortium determined the total compensation of Rs. 16.04.723.