SABITRI PANIGRAHI W/O LATE BHARATI KUMAR PANDA AND ORS. Vs. SRI BHARAT KUMAR SWAIN S/O PURNA CHANDRA SWAIN AND ANR.

JUDGEMENT

(1.) THIS appeal has been directed against the judgment dated 30.09.2004 passed by the 1st Motor Accident Claims Tribunal, Mayurbhanj, Baripada in M.A.C.T. Misc. Case No. 54 of 2002.

(2.) THE facts in a nutshell giving rise to the present appeal are that on 06.02.2002 at about 10 A.M. the deceased Bharati Kumar Parida while discharging his duty as a Constable in the Golei Chhak, Jagatpur in connection with requisitioning vehicles for the Grama Panchayat election, the offending truck bearing registration No. ORU -6831 belonging to Respondent No. 1 came at a high speed from Mahanadi side and dashed against the deceased. As a result of such accident, the deceased sustained grievous injuries on his leg, chest and head. Immediately after the accident he was shifted to S.C.B., Medical College & Hospital, Cuttack for treatment and while undergoing treatment he succumbed to the injuries on the same day. According to the claimants, the accident took place because of rash and negligent driving by the driver of the offending vehicle. The vehicle was insured with opposite party No. 2 and the insurance policy was valid from 10.02.2001 to 11.02.2002 covering the date of the accident. The deceased was aged about 40 years and his monthly income was Rs. 7,000/ - during relevant time. The claimants were facing a lot of difficulties and financial hardship after the death of the deceased. They were the widow, son, daughter and mother of the deceased respectively. With these averments, the claim petition was filed claiming compensation of Rs. 12,00,000/ -.

(3.) ON the basis of the pleadings of both the parties, the Tribunal framed three issues. After taking into consideration both oral and documentary evidence adduced by the parties, the Tribunal came to the finding that due to rash and negligent driving of the offending truck the deceased died. The driver of the offending vehicle had a valid driving licence on the date of the accident. Taking into consideration the age and income of the deceased at the time of his death, the Tribunal calculated the compensation applying 13 multiplier. The net monthly salary of the deceased was determined at Rs. 4,424/ - on the basis of Ext. A. Deducting 1/3rd towards his personal expenses the Tribunal determined the compensation at Rs. 4,60,100/ -. The claimants have also been awarded a sum of Rs. 2,000/ - towards funeral expenses and Rs. 3,000/ -towards loss of estate and Rs. 5,000/ -towards loss of consortium. Thus, the total amount of compensation was determined at Rs. 4,70,100/ -and the Tribunal directed the Insurance Company to pay the amount of compensation within a period of two months along with interest at the rate of 9 % per annum from the date of application dated 15.03.2002 till the date of realization. Being aggrieved by the said judgment the Appellant -claimants filed the present appeal.