NATIONAL INSURANCE COMPANY LIMITED Vs. MOHINI KAMILA

JUDGEMENT

(1.) This Court has heard the learned Advocates for the respective parties and has considered the relevant materials on record.

(2.) The facts of the case, briefly, are as follows:

(3.) The respondent Nos. 1 and 2 being the claimants filed an application under Section 166 of the Motor Vehicles Act, 1988 and such application was placed before the Court of the learned Motor Accident Claims Tribunal Fast Track, 1st Court, Contai. The respondents/claimants have claimed compensation of Rs. 5,80,000/- plus costs and interest. It appears that on 15.06.2001 the driver of the offending bus concerned was driving at a very high speed in rash and negligent manner and hit one Tarun Kamila (son of the claimants). The said Tarun Kamila succumbed to his injury and he was 25 years of age at the time of his death and during his lifetime he was an employee, as goldsmith, of M/s. Rajlakshmi Jewellers at Contai market and he was earning Rs. 4000/- per month. It also appears that the medical expenses which was incurred for the said victim was Rs. 8000/-. The appellant/insurance company contested the said claim by filing written statement. It appears that evidence was adduced in the said case and the learned Court below by judgment dated 17.03.2006 disposed of the said claim application being MAC case No.145 of 2004 (original case number was MAC case No. 153 of 2001) by ordering that the appellant/insurance company shall pay a sum of Rs. 5,48,500/- in equal share to the claimants Smt. Mohini Kamila and Sri Ardhendu Sekhar Kamila; in other words, Rs. 2,74,250/- to each of them within three months from the date thereof failing which the appellant shall have to pay interest at the rate of 12% per annum from the date of filing of the claim application till realization of the awarded amount. The learned Court below found that the deceased Tarun Kamila was earning Rs. 4000/- per month during his life-time and that the multiplier 17 should be applied in the present case as the age of the victim was considered to be 25 years and that 1/3rd of the income of the said Tarun Kamila should be deducted towards the victim's personal expenses. The learned Court below made the calculation in the following manner: 2/3rd x Rs.4000/- x 12 months x 17 multiplier = Rs. 5,44,000/- Rs. 2000/- for funeral expenses and Rs. 2500/- towards the loss of estate. Thus a total compensation of Rs. 5,48,500/-. It further appears from the submissions of the learned Advocates for the respective parties that the said Tarun Kamila died as a bachelor.