NEW INDIA ASSURANCE CO.LTD. Vs. SMITA MISHRA

JUDGEMENT

(1.) The New India Assurance Co. Ltd. has preferred this appeal under Section 173 (1) of the Motor Vehicles Act, 1988 challenging the judgment and award passed by the 3rd Motor Accidents Claims Tribunal, Bhubaneswar, in Misc. Case No.24 of 1999 whereby respondent Nos. 1 to 3 have been awarded compensation to the tune of Rs.21,18,880/ - with interest @ 9% per annum from the date of the claim petition till payment, for the untimely death of Pyari Mohan Mishra, who was the husband of respondent No.1 and father of respondent Nos.2 and 3, in a motor vehicular accident.

(2.) BRIEF facts necessary for the disposal of the present appeal may be stated thus. Deceased -Pyari Mohan Mishra, while serving as Lt. Colonel in the 2nd. Battalion of the N.C.C. Visakhapatnam, was travelling on 27.6.1998 in a passenger bus from Visakhapatnam to Srikakulam on National High way No.5. While the said bus was proceeding on its left in normal speed, at about 3.45 P.M. a truck bearing registration No.AP -37 -T -9449 being driven in a rash and negligent manner came from the opposite direction at a high speed and collided with the bus as a result of which the deceased along with some other passengers of the bus sustained severe injuries and died at the spot. The deceased at the time of his death was drawing a gross salary of Rs.20,000/ - out of which he was maintaining the claimants. The widow and the two sons of the deceased, the present respondent Nos.1 to 3 respectively, filed a claim application before the Tribunal claiming compensation to the tune of Rs.75 lakhs making the owner and the insurer of the offending truck as parties.

(3.) THE Tribunal considering the materials on record answered all the issues in favour of the claimant -petitioners. The Tribunal found that age of the deceased at the time of the accident was 45 years and his net salary was 13,074/ - per month and Rs.1,56,888/ - per annum. Taking the age of the deceased at the time of accident as 45 years, the Tribunal applied 15 multiplier and worked out the amount to Rs.23,53,320/ - and after deducting 1/3rd therefrom, fixed the compensation towards loss of dependency at Rs.15,68,880/ -. That apart, the Tribunal awarded a sum of Rs.5 lakhs towards loss of future income to the claimant -petitioners due to the untimely death of the deceased and Rs.50,000/ - towards funeral expenses of the deceased. Thus, the Tribunal awarded a total compensation of Rs.21,18,880/ - to the claimant -petitioners and directed the insurer to pay the said compensation along with interest at the rate of 9% per annum from the date of the claim petition till actual payment.