NEW INDIA ASSURANCE CO LTD Vs. PANKAJINI PRADHAN

JUDGEMENT

(1.) THIS appeal is by the New India Assurance Co. Ltd. who was opposite party No. 3 before the Tribunal assailing the quantum of compensation granted by the Tribunal.

(2.) THE respondents filed the claim petition on account of the death of one Prahallad Pradhan who was a Lecturer in the College at Talcher and on the date of accident while he was coming on his motor cycle, the driver of truck OSS 1998 negligently caused the accident as a result of which the death occurred. The amount of compensation claimed by the claimants was Rs. 4,00,000/ -. Opposite party Nos. 1 and 2 were ex parte and opposite party No. 3, the present appellant, though had filed a written statement but did not contest at the time of hearing. On consideration of the entire materials on record, the Tribunal has come to a conclusion that the average monthly income of the deceased was Rs. 2,000/ - per month, i.e., Rs. 24,000/ - per annum and after deducting the personal expenses the Tribunal came to the conclusion that the deceased would have given Rs. 1,000/ - per month to the dependants. Thereafter taking the age of the deceased which was 32 years into consideration and on the basis of multiplier system of compensation, the Tribunal granted compensation for multiplier of 25 years and thereby came to hold that the claimants were entitled to Rs. 3,00,000/ - as compensation.

(3.) THIS miscellaneous appeal is accordingly allowed to the extent indicated above. There will be no order as to costs.