NEW INDIA ASSURANCE COMPANY LTD Vs. VANDANA

JUDGEMENT

(1.) This appeal arises out of the judgment and award dated 23.8.2008 passed by the Motor Accident Claims Tribunal, Chandrapur in M. A. C. P. No. 123/2001, whereby the claimants were awarded compensation of Rs. 11,81,000/- on account of death of one Pradip Ramteke occurred in a motor vehicular accident on 7.8.2001 involving truck bearing No. MH -31-1809 insured with the appellant. While the deceased was riding bicycle he was knocked down by the truck and caused his death. He left behind him widow, three minor children and his mother. The learned Tribunal, after considering the income of the deceased worked out the loss of dependency at Rs. 73,200/- p. a. and by applying multiplier of 16, having regard to the age of the deceased, awarded amount of Rs. 11,81,000/-.

(2.) Mr. Joshi, the learned counsel for the appellant raised only issue regarding quantum of compensation. According to him the widow of deceased is given compassionate employment by the employer i. e. Western Coalfields and in that view of the matter, the loss of dependency could not be Rs. 73,200/- as arrived at by the learned Tribunal.

(3.) The evidence was led to the effect that the deceased was employed in W. C. L. and was drawing monthly salary of Rs. 10,195/-. The learned Tribunal considering various deductions held that the carry-home salary of the deceased was Rs. 9475/-.