ORIENTAL INSURANCE COMPANY LTD Vs. NARAYAN CHANDRA DEBNATH; SANDHYA DEBNATH; SAJAL KANTI DAS; UTTAM KUMAR SARKAR; RATNA DEBNATH; PRANAB DEBNATH; DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal is directed against the award passed by the Motor Accident Claims Tribunal, Court No.3, West Tripura, Agartala in Title Suit (MAC) No. 171 of 2012 decided on 5.12.2015 whereby the learned Tribunal awarded a sum of Rs.12,92,464/- as compensation in favour of the claimants. This Court while issuing notice on 14.3.2016 had clearly mentioned that the matter shall be heard and disposed of at the admission stage itself.

(2.) The learned Tribunal assessed the income of the deceased at Rs.7,000/-, added 30% i.e. Rs.2,100/- for his future prospects, deducted Rs.3,034/- for his personal expenses and applying the multiplier of '17' compensation is assessed at Rs.12,37,464/- and also awarded Rs.50,000/- for loss of love and affection and Rs.5,000/- for funeral expenses i.e. in total Rs.12,92,464/-.

(3.) The main grievance of the insurance company is that though the deceased was a bachelor, only 1/3rd was deducted for his personal expenses and multiplier has been applied by taking into consideration the age of the deceased. It is a well settled law that in cases of death of bachelors where the claimants are the parents' two methods can be followed. The first is that 1/3rd is deducted for the personal expenses of the deceased but in that event the multiplier has to be applied by taking into consideration the age of the parents. The second method is that where 50% is deducted for the personal expenses of the deceased, in that eventuality the multiplier is applied by taking into consideration the age of the deceased himself.