THE ORIENTAL INSURANCE COMPANY LIMITED Vs. KALAVATI

JUDGEMENT

(1.) THIS appeal is preferred, against judgment and award dated 31.7.2008, passed by the learned Chairman, Motor Accident Claims Tribunal, Akola, in Motor Accident Claim Petition No. 119 of 2005, by appellant -The Oriental Insurance Company Limited, Akola, whereby the compensation was granted in the sum of Rs. 8,00,000/ - payable jointly and severally by the present appellant along with tractor owner and driver respectively. The compensation was payable along with interest at the rate of 8% per annum from the date of the petition till realization with proportionate costs of Rs. 50,000/ -. The brief facts giving rise to the present appeal, are thus:

(2.) THE claim was lodged by dependents of the deceased, namely mother Smt. Kalavati, widow of the deceased Smt. Sushma and daughters Pooja and Sakshi. The claim was in the sum of Rs. 20,00,000/ -.

(3.) THE learned Chairman of the Tribunal arrived at the conclusion that loss of dependency was Rs. 50,000/ - per year for the deceased and considering the age of the deceased as well as the age of the widow and minor daughters of the deceased which was mentioned as widow was 26 years while daughters were aged about 6 and 4 years respectively. The deceased was also survived by mother aged about 56 years. Under these circumstances, the deceased died living behind family members and his mother although as per law maximum multiplier is of "18". If age of the deceased alone is considered in the context of the facts, the learned Chairman of the Tribunal restricted multiplier to "12" only as it was considered just and sufficient. That being so, the amount of Rs. 6,00,000/ - as also pecuniary expenses, compensation for loss of company i.e. loss of consortium, mental stress, pain and agony for the family members, the leaned Chairman of the Tribunal instead of awarding sum of Rs. 20,00,000/ -, restricted the compensation to the sum of Rs. 8,00,000/ - only, along with interest at the rate of 8% per annum from the date of the institution of the petition till realization of the entire award amount.