NATIONAL INSURANCE COMPANY LTD Vs. KAMALA MOHARANA

JUDGEMENT

(1.) Award made by Third Motor Accident Claims Tribunal. Puri (in short, 'Tribunal') is under challenge in this appeal under Section 173 of the Motor Vehicles Act, 1988 (in short, the 'Act').

(2.) ONE Sikhar Maharana (hereinafter referred to a; 'deceased') lost his life in an automible accident which took place on 4.4.1990. His legal representatives lodged a claim under Section 110 -A of the Act claiming compensation of Rs. 2,43,220/ -. Pranaya Kumar Moharathi (hereinafter referred to as owner')and National Insurance Company Ltd. (hereinafter referred to as the 'insurer') were, implead as, parties; It was claimed that the deceased was working black -smith is S.E. Railway, Jatni and was drawing more than Rs. 2000/ - as his pay and was contributing Rs. 2000/ for maintenance of the claimants. Tribunal on consideration of materials on record found that salary certificate reflected monthly emoluments to be Rs. 1970/ - and age of the deceased to be around 50 years. It estimated monthly contribution at Rs. 1500/ and annual contribution at Rs. 18,000/ -. Applying multiplier, of 8, entitlement of claimants was fixed at Rs. 1,44,000/ - A sum of Rs. 10,000/ - was added for loss of happy family life, consortium and a sum of Rs. 3000/ - for funeral expenses. It was held that the insurer was liable to indemnify as the vehicle was subject -matter of a valid policy. - -

(3.) IN support of the appeal, learned counsel for appellant urged that quantum as fixed is high because contribution as taken is on the higher side. It is also submitted that default rate of interest as stipulated is not tenable. Mr. B.P. Ray for the claimants submitted that a fair assessment has been made of the income and contribution and no interference is called for.