NEW INDIA ASSURANCE CO. LTD. Vs. JAVITRI DEVI

JUDGEMENT

(1.) FAFO 1395 of 2014 has been filed by the appellant/claimants being aggrieved against the impugned judgment and award dated 21.1.2014 passed by the Motor Accident Claim Tribunal / A.D.J -VI, Allahabad in M.A.C.P. No. 1019 of 2011 (Javitri Devi and others Vs. The New India Assurance Com. Ltd. and others) awarding compensation to the tune of Rs. 29,94,737/- along-with 6% interest per annum inter-alia on the ground that the compensation awarded by the Tribunal is inadequate and also that the Tribunal has not worked out the compensation as contemplated in law, the award therefore, is liable to be enhanced.

(2.) The brief facts as stated before the Tribunal are that the deceased Dharmraj was resident of the Village-Khajuria, Police Station-Handia, District-Allahabad. At the time of accident, the age of the deceased was 58 years and he was posted as a Lecturer in Swami Karpatri Ji Mahraj Rajkiya Mahavidyalay, Pure Gosain, Raniganj, Pratapgarh. The salary of the deceased was Rs. 1,00, 459/- per annum. On 5.10.2011 at about 9:00 A.M. while the deceased was waiting for a bus near the road-side. He met with an accident on account of rash and negligent driving of the Driver of Motor Vehicle/Truck bearing registration No.UP 70x 9914. The FIR of the said accident was registered at the Police Station-Handia vide Case Crime No. 357 of 2011 under Sections-279 and 304A Indian Penal Code, post-mortem of the deceased was conducted. After investigation in the case, a charge-sheet was submitted by the police against the driver of the said motor vehicle. At the time of accident, the said motor vehicle was insured with the respondent/Insurance Company. Appellants/claimants are the legal representative of the deceased.

(3.) In support of claim three witnesses including Smt. Javitri Devi were examined on behalf of the claimants. The Tribunal on the basis of oral and documentary evidence adduced by the appellants/claimants has held that the deceased died on account of the injuries sustained by him in the road accident. On 5.10.2011 accident had occurred due to the rash and negligent driving of the said motor vehicle. As regards, the income of the deceased, the Tribunal assessed the same (after deduction of Rs. 2,28,054.00 as Income Tax) Rs. 8,76,654.00 per annum. The Tribunal after deduction of one third (Rs.2,92,218/-) of the said amount as personal and living expenses of the deceased, assumed the dependency at Rs. 29,64,737/-. Other claims were also awarded being Rs. 7,500.00 for funeral expenses, Rs. 7,500.00 for loss of consortium, Rs. 7,500.00 for loss of estate and Rs. 7,500.00 for loss of love and affection. Thus a total sum of Rs. 29,94,737/- was awarded as compensation to the appellants along-with the interest @ of 7% per annum from the date of filing of the claim petition till its realization.