RELIANCE GENERAL INSURANCE CO LTD Vs. URMILA DEVI

JUDGEMENT

(1.) THE appeal is arising out of the judgment and order dated 9th March, 2009 passed by the Motor Accident Claims Tribunal/ Additional District Judge/Special Judge, Chandauli, awarding compensation of Rs. 13,77,000. THE income of the deceased, who was a teacher in a Government School. THE Tribunal has awarded just compensation on the basis of income by following the principles of Second Schedule. Hence, the dispute is only with regard to the quantum.

(2.) THE appellant contends that the claimant/respondent No. 1 wife of the deceased is getting pension of Rs. 4,300 per month. She has also been engaged on the post of clerk, therefore, as last dependency of the claimant/respondent upon income of the deceased has wrongly been calculated by the Tribunal. In fact, she has not suffered any loss of earning on account of untimely death of the deceased.

(3.) IN such cases, the awarded amount of compensation was Rs. 8,48,160 and a sum of Rs. five lacs was directed to be deposited by the Court's order dated 1.11.2004. The Supreme Court passed the order on 7th July, 2008, therefore, by the passage of time, the deposited amount accrued interest, which might be around the amount, which was originally granted by the Tribunal. Therefore, such judgment as passed on factual aspect therein but not laid down any ratio. On the other hand, the judgment which has been referred by the Supreme Court is running contrary to the view point of the appellant herein.