SWAPNA RANI PAUL Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) HEARD Mr. P. K. Roy, learned counsel for the appellant as well as learned counsel for the respondent Insurance Company.

(2.) THIS appeal by the appellant is directed against the award dated 25. 04. 2000 passed by the learned Member, Motor Accident Claims Tribunal, Tinsukia in MAC case No. 45/1998 whereby a sum of Rs. 7,00,000. 00 has been awarded as compensation to the claimants.

(3.) BRIEF facts are-One Sri Swapan Kumar Paul, an employee of the United Bank of India met with a motor accident on 08. 04. 98 on the National High Way No. 38 near Margherita. The deceased sustained grievous hurt and was removed to hospital where he succumbed to the injury. A claim petition was filed by the wife for herself and her two minor sons and one daughter. The Tribunal after hearing the parties determined the annual dependency at Rs. 81,000. 00 after necessary deductions as provided under the law. The deceased was aged about 51 years at the time of death and thus a multiplier of 11 was adopted and the claim was assessed at Rs. 8,91,000. 00. However, considering the fact that the application for compensation was for Rs. 7,00,000. 00 only the Tribunal awarded a sum of Rs. 7,00,000. 00 as stated above. Hence, the present appeal.