ORIENTAL INSURANCE CO.LTD Vs. RANJIT ROY

JUDGEMENT

(1.) Heard Mr. M. Kato, learned Counsel for the Appellant and also heard Mr. D. Lazi, learned Counsel for the Respondent.

(2.) This appeal is directed against the order dated 12.4.2010 passed by the Court of Member, Motor Accident Claims Tribunal, Tezu in MACT Cast No. 4/2009 awarding compensation of Rs. 4,73,640 to the claimant on the death of his wife with simple interest @ Rs. 6% per annum from (29.6.2009) within a period of 45 days from the date of order.

(3.) The brief facts of the case are that a passenger bus (City Ride) met with an accident on 13.5.2009 and in the said accident, Appellant's wife Smt. Jamuna Roy, Son, Shri Dipu Roy and daughter, Miss Krishna Roy died on the spot while travelling as passengers from Tinsukia to Tezu, The Appellant as claimant filed 3 separate MACT claims petition claiming a sum of Rs. 10,00,000 in each case, The owner and driver of the offending vehicle have been impleaded as opposite party No. 1 and 2 in the claim cases but they did not contest the case. However, the present Appellant an opposite party No. 3 filed written statement opposing the claim, Three claims petition have been registered as MACT case No. 4/2009, MACT case No. 5/2009 and MACT case No. 6/2009. all those claim cases were heard together and disposed of by a common judgment and order dated 20.10.2008. In MACT Case No. 4/2009, the learned Tribunal awarded a net compensation of Rs. 5,07,724, In MACT case No. 5/2009 and MACT case No. 6/2009, the learned Tribunal awarded net compensation of Rs. 1,54,500 each. The total compensation awarded in all those MACT cases came to Rs. 7,16,724, The Appellant as opposite party No. 3, being aggrieved and dissatisfied with the award passed by the learned Tribunal in respect of MACT Case No. 4/2009 filed a petition for review of the said award on the ground that the deceased wife of the claimant had no income and the learned Tribunal calculated the income on the basis of the income of the claimant-husband and that too by applying wrong multiplier. The learned Tribunal upon hearing the parties, applied the multiplier 15 and calculated the compersation at Rs. 4,73,460 with simple interest @ Rs, 6% per annum from 29.6.2009 payable within a period of 45 days from the date of the order. The present Appellant being not satisfied with the aforesaid order has approached this Court by filling the present appeal.