ORIENTAL INSURANCE CO LTD Vs. MAHESH AND ORS

JUDGEMENT

(1.) The appeal has been preferred by the insurer assailing the quantum of compensation awarded by the 2nd Addl. Motor Accident Claims Tribunal, Morena in Claim Case No. 20/2005.

(2.) The claimants are parents, brother and sister of deceased. They preferred claim petition claiming compensation on account of death of Vinod, aged 28 years who was working as a Driver of Tanker supplying the milk at various places. It was claimed that his salary was Rs. 3,000 per month, in addition he used to receive a sum of Rs. 50 per day by way of allowance. Salary certificate issued by the private employer has been placed on record. However, the owner of the Tanker was not examined so as to prove the aforesaid certificate. The Tribunal has assessed the income at Rs. 4,500 per month taking the dependency at 50%, multiplier of 18 was applied at the age of deceased and compensation of Rs. 5,01,000 has been awarded by the Tribunal along with interest at the rate of 6% per annum, in default of payment within the specified period, it was to carry 9% interest. Dissatisfied thereby the insurer has come up in appeal whereas cross-objections have been preferred by the claimants for enhancement of compensation.

(3.) The question agitated is about income of deceased. As deceased was a driver of milk tanker, it would be appropriate to assess the income of deceased at Rs. 4,000 per month instead of Rs. 4,500 as assessed by the Tribunal. Considering the certificate placed on record, we assess the income at Rs. 4,000 per month, annual income,thus, comes to Rs. 48,000. After making l/3rd deduction towards the self-expenditure of the deceased which amount he would have spent on himself had he been alive, loss of annual dependency comes to Rs. 32,000. The Tribunal has wrongly applied multiplier of 18, multiplier of 13 should have been applied considering the age of parents to be 50 and 48 years at the time of accident, we apply the multiplier of 13, consequently the compensation on account of loss of dependency comes to Rs. 32,000 x 13 = Rs. 4,16,000. We award a further sum of Rs. 30,000 under the customary heads such as loss of estate, loss of expectancy of life and funeral expenses. Apart from that treatment was obtained for a period of two days in the hospital, we award a sum of Rs. 10,000 towards medical expenditure. Thus, total compensation comes to Rs. 4,16,000 + Rs. 30,000 + Rs. 10,000 = Rs. 4,56,000 (Rs. four lacs fifty six thousand only). The direction issued by the Tribunal that compensation amount to carry penal rate of interest of 9% is hereby set aside. Award being executable, no such term in terrorem can be resorted to by the Tribunal.