NATIONAL INSURANCE CO LTD Vs. BHARTI KALITA

JUDGEMENT

(1.) Heard Mr. M. Bhuyan, learned counsel for the appellant and Mr. G.C. Phukan, learned counsel for the respondents.

(2.) It is not necessary to go into the details of this case. Suffice it to say that Shri Parama Kalita was involved in a motor accident, due to which he died. The vehicle was insured with the appellant. The deceased left behind seven heirs, i.e., wife, four sons and two daughters. At the time of his death, two sons and two daughters were major. The deceased was an agriculturist by profession and he owned about 35 Biahas of agricultural land. He used to cultivate the same. It was stated before the Motor Accident Claims Tribunal (for short, MACT) that the deceased was earning Rs.25,000/- p.m. from the agricultural land. This evidence was accepted by the Tribunal and after deducting 1/3rd of that income that the deceased would have spent on himself and after applying the multiplier "13", a total compensation of Rs.26,25,052/- (including Rs.15,000/- as loss of consortium to the widow and Rs.10,000/- towards funeral expenses etc.) was awarded in favour of the applicants, along with interest @12% per annum with effect from 30.4.97, i.e., the date of the application.

(3.) The only point raised by the learned counsel for the appellant is that the deceased, according to the applicants, was earning the money by cultivating the land and after his death, the land still remains and it is in the hands of his heirs, which they can cultivate, or give it on lease, etc., rather the learned counsel for the appellant argued that evidence has come on record that the son of the deceased, Shri Pramab Kalita, is cultivating the land in question.