PARITOSH SAHA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal, filed by the claimants, is against the judgment and order/award dated 15th March, 2012 in Motor Accident" Claims Tribunal case No. 92/2010, where by the Learned Tribunal has awarded to the claimants compensation of Rs. 28,000/- taking the income of the housewife to be Rs. 2,000/- per month and applying the multiplier '8' by assuming her age to be 58 years, and adding a sum of Rs. 5000/- towards loss of consortium and a sum of Rs. 2000/- towards funeral expenses. The total compensation awarded was Rs. 1,35,000/-. The aforesaid sum of Rs. 1,35,000/- was directed to be paid within two months from the date of the order. In default the awarded amount would carry interest at the rate of 12 per cent from the date of filing of the case till payment thereof to the claimants. The claimants herein are mainly aggrieved by the determination of the age of the victim as 58 years at the time of the accident even though the claimants had relied on the Post Mortem report and the Voters' Identity Card of the victim, which showed that the victim was only 50 years of age at the time of the accident. The appellant is also aggrieved by the determination of income of the housewife at Rs. 2000/-.

(2.) Mr. Banerjee, learned Counsel appearing on behalf of the appellants cited the following three Division Bench judgments of this Court.

(3.) In Narayana Chandra Paul & Anr. , the Division Bench relied on a judgment of the Supreme Court in Lata Wadhwa & Ors. v. State of Bihar & Ors., 2001 AIR(SC) 3218where the Supreme Court held that the income of a housewife between the age group of 34-59 might be assessed at Rs. 3000/- per month and accordingly assessed the monthly income of the victim to be Rs. 3000/- per month instead of Rs. 1500/- per month as assessed by the Motor Accident Claims Tribunal.