LAWS(TRIP)-2014-3-81

UNITED INDIA INSURANCE COMPANY LIMITED Vs. HARIPADA BHOWMIK, S/O RAM CHANDRA BHOWMIK; GOBINDA BOSE, S/O ANIL BOSE; UTTAM ROY, S/O GOBINDA ROY; ORIENTAL INSURANCE CO LTD

Decided On March 26, 2014
UNITED INDIA INSURANCE COMPANY LIMITED Appellant
V/S
Haripada Bhowmik, S/O Ram Chandra Bhowmik; Gobinda Bose, S/O Anil Bose; Uttam Roy, S/O Gobinda Roy; Oriental Insurance Co Ltd Respondents

JUDGEMENT

(1.) By means of this appeal, the Insurance Company has challenged the award dated 10-05-2006 delivered by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in T.S.(MAC) 133 of 2004 whereby compensation of Rs.6,44,500/- has been awarded in favour of the claimant.

(2.) Briefly stated, the facts of the case are that the claimant is the father of the deceased who was aged about 21 years. The father was aged about 69 years. The learned Tribunal assessed the income of the deceased at Rs.5,000/- per month and applying a multiplier of 16 assessed the total loss of income at Rs.9,60,000/-, deducted 1/3rd for the personal expenses of the deceased and hence, calculated the loss of dependency at Rs.6,40,000/-. In addition thereto, Rs.2,000/- was awarded for funeral expenses and Rs.2,500/- for loss to the estate.

(3.) Mr. S.M. Ali, learned counsel for the appellant- Insurance Company, has urged that the learned Tribunal committed a grave error inasmuch as the Tribunal could not have applied the multiplier of 16 since the claimant-father was 69 year old.