NEW INDIA ASSURANCE CO LTD Vs. KAMINIBALA MOHANTY

JUDGEMENT

(1.) THIS appeal has been directed against the award dated 24.01.2009 passed by 1 st Addl. District Judge -cum -1 st M.A.C.T., Cuttack in Misc. Case No.586 of 2002.

(2.) THE facts of the case in a nutshell is that on 20.05.2002 at about 11.30 P.M. the offending truck bearing registration No.OR -05 -D -2522 came in high speed and dashed against the trekker bearing registration No.OR -02 -C -5887 as a result of which one Dibakar Mohanty, who was one of the occupants of the trekker sustained serious injuries on his person. Thereafter, he was immediately shifted to S.C.B. Medical College and Hospital, Cuttack and succumbed to injuries there. At the time of death, Dibakar Mohanty was 44 years old and was working as a Supervisor in M/sKonark Commercial Company, Kolkata. His monthly salary was 5,500/ - with usual bonus. The respondent -claimants filed the claim application making the registered owner of the truck and insurer of the said vehicle jointly and severally liable to pay compensation amount with interest at the rate of 12% per annum from the date of filing of the claim application till its realization.

(3.) AFTER taking into consideration the oral as well as documentary evidence, the Tribunal came to the conclusion that the death of deceased Dibakar Mohanty due to rash and negligent driving of both the vehicles on the date of accident. The Tribunal further held that O.P. No.3, who is insurer, is alone liable to pay compensation to the claimants. Income of the deceased was assessed at Rs.2,500/ -. Applying 15 multiplier, the learned Tribunal determined the amount of compensation at Rs.3,00,000/ -. In addition to that, a sum of Rs.9,500/ - was awarded towards funeral expenses, loss of estate and loss of consortium. Thus, the total amount of compensation determined at Rs.3,09,500/ -.