MANJU CHATTERJEE Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) The Judgment of the Court was as follows : This appeal is directed against the judgment and award dated 10th June, 2003 passed by the learned Judge, Motor Accident Claims Tribunal, 3rd Court, Howrah. The appellants/claimants, who are the wife and the daughter, respectively, of the victim, claimed a sum of Rs. 7 Lacs as compensation on account of the accidental death of one Ashim Kumar Chatterjee. The learned Tribunal has awarded a sum of Rs. 1,50,000/- in all. Being dissatisfied with the quantum of the award, the present appeal has been preferred.

(2.) We have gone through the judgment and award of the learned Tribunal. We are of the view, particularly reading the ordering portion of the judgment that the learned Tribunal has made a guesswork beyond the permissible limit. No particulars have been given as to how a sum of Rs. 1,50,000/- could be awarded except mentioning mental agony and shock for which a sum of Rs.50,000/- has been awarded. The balance sum of Rs. 1 Lac has been awarded on the basis of his own whim, if we, with respect, use such language. The guidance for awarding compensation is in the Act. However, we shall be dealing with this aspect later.

(3.) It is an admitted case of death. It is also admitted that the vehicle was insured. No one appears for the insurance company. The learned Tribunal having taken evidence has held that the first appellant Manju Chatterjee was earning a sum of Rs. 11.000/- and odd per month ; therefore, there is no dependency at all. The learned Tribunal however, overlooked that the daughter is also one of the claimants and it should have struck him that the daughter was absolutely dependent upon his father for, if under any circumstances the mother re-marries or abandons the daughter, then she will be absolutely helpless. Had the father been alive, then this situation would not arise. All eventualities are to be thought of while deciding the question of dependency.