RATNA MONDAL Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) BIKASH Mondol aged about thirty six years met with a Motor Accident on February 15, 2007 under Garhbeta Police Station. He succumbed to the injury on the spot. He died leaving him surviving his widow the appellant No. 1 and two minor children being the Appellant Nos.

(2.) AND 3 and his aged mother being the Appellant No. 4. He was an employee of the Life Insurance Corporation posted at Garhbeta Branch drawing a salary of Rs. 13, 697.81 on the date of the accident. The appellants claimed compensation for Rs.16 lacs from the owner and insurer of the offending vehicle being the respondent Nos. 1 and 2. The Tribunal examined the Appellant No. 1, the widow of the deceased, one Rafikul Mondal claiming to be an eye witness, and one Samir Kundu an employee of the Life Insurance Corporation who brought the records pertaining to his employment. The widow established her claim for compensation as next to kin of the deceased. She also proved the age with the support of the Admit Card and PAN Card belonging to the deceased. In her cross examination she deposed, the victim was getting a gross salary of Rs. 4500 as a group 'D' employee. 2. Rafikul proved the accident. According to him, the offending vehicle was being driven in rash and negligent manner.

(3.) THE Tribunal accepted the assertion of the accident as well as the gross salary. While calculating compensation, the Tribunal considered the actual net pay that the victim got from Life Insurance Corporation being Rs. 4,428 and not Rs.12, 387.81.