NEW INDIA ASSURANCE COMPANY LIMITED Vs. MITRADATTA MISHRA

JUDGEMENT

(1.) The aforesaid two appeals filed at the instance of the insurance company are directed against the common judgment dated 6-10-1993 passed in Misc. Case Nos. 637 and 640 of 1990 by the 3rd Motor Accident Claims Tribunal, Puri (hereinafter referred to as 'the Tribunal'). Both the appeals were heard together and are being disposed of by this common judgment.

(2.) Respondent No. 2 is the elder sister of respondent No. 1. Both of them through their maternal grandfather filed Misc. Case Nos. 637 of 1990 and 640 of 1990 claiming compensation of Rs. 15,00,000/- for the death of their father and Rs. 2,00,000/- for the death of their mother. The Tribunal by the impugned order granted compensation of Rs. 9,00,000/- in the first case and Rs. 1,20,000/- in the second case.

(3.) Facts :On 12-5-1990 at about 4 p.m. while Dr. Narasingh Mishra and Smt. Renubala Mishra, the parents of respondent Nos. 1 and 2, were going in a scooter, a Mini Truck bearing registration number ORX 4370 came from behind and dashed against them near Khadia Sankha on the National Highway No. 6 between Khurda and Bhbaneswar. Both of them died at the spot instantaneously. Respondents Nos. 1 and 2 were respectively aged ab out 6 and 8 years by the time of the accident. Because of the tragic road accident, they have become orphans. The owner of the vehicle despite service of notice on him did not appear nor did he file any written statement. The appellants appeared and filed written statement contending that deceased Dr. Narasingh Mishra was rash and negligent in driving the scooter with two pillion riders and, therefore, no liability can be fastened on it. The Tribunal held that the driver of the offending vehicle was cent per cent rash, negligent and careless on account of which the accident took place. With regard to the question of compensation, it found that Dr. Narasingh Mishra was at the time of accident working as an Assistant Professor in the Indian Institute of Management, Bangalore whose total emolument was Rs. 5140/- per month. He was aged about 33 years at that time and had he not died, he would have continued in service with all service benefits for another 25 years. The Tribunal assumed that the deceased might have been contributing Rs. 3000/- per month towards the maintenance of his family. Accordingly, by applying the multiplier of 25, it assessed the total compensation at Rs. 9.00 lacs (Rs. 3000 x 12 x 25). Since the respondents 1 and 2 also lost their mother in the accident, the Tribunal fixed compensation at Rs. 1,20,000/- on the count of loss of life, affection, parental care, guidance and company.