ORIENTAL INSURANCE COMPANY LTD. Vs. SMT. PRAMILA DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 09.10.2012 passed by the learned Member, Motor Accident Claims Tribunal, Court No.1, West Tripura, Agartala in T.S. (MAC) 336/2009 on the ground that the compensation so awarded to the claimant -respondents is excessive.

(2.) The original claimants are the wife and minor son of the deceased, who was a BSF Jawan, who met with an accident along with some other BSF personnel while travelling by Martu Gypsy bearing registration No.TR - 01 -J -0538 while proceeding towards Bagafa and was hit by another vehicle bearing registration No.TR -03 -A -1772 (TATA truck), which was coming from the opposite direction with a high speed and in a rash and negligent manner. He subsequently succumbed to his injuries on 01.06.2008. On the death of the deceased, the claimant -respondents filed a claim petition claiming compensation. In the course of taking evidence, another legal heir i.e. mother of the deceased came into picture, and she was also duly treated as the other legal heir of the deceased. At the time of the accident, the victim was 29 years old, and was serving as a Constable under 129 Bn. BSF with a monthly income of Rs.12,318/ -. The accident was registered as a police case vide Santirbazar P.S. Case No.36/2008 under Sections 279/338/304A of IPC against the driver of the offending vehicle. There is no dispute regarding the accident taking place as well as the death of the deceased in the vehicular accident in question. The Tribunal after hearing the parties passed the impugned judgment and award awarding sum of Rs.30,00,274/ - as compensation with the following break up: - Rs.29,93,274/ - by way of compensation, Rs.2,000/ - by way of funeral expenses and Rs.5,000/ - for loss of consortium.

(3.) The grievance of the insurer -appellant as projected is that the Tribunal failed to deduct one -third of the income as the personal and living expenses of the deceased and wrongly deducted only one -fourth of his income towards such expenses. Another grievance of the insurer is that the Tribunal had wrongly applied a multiplier of 18 which should have been 17. In so far as deduction of one -fourth of the amount towards the personal and living expenses of the deceased is concerned, the learned counsel for the respondent -claimants concedes that the deduction should be restored to the extent of one -third and a mistake has, therefore, crept in the deduction made by the Tribunal.