BHUGESWARI KACHAR Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) HEARD Mr. T. J. Mahanta, learned counsel appearing for the appellant as well as Mr. S. K. Goswami, learned counsel appearing for the respondent No. 1, Oriental Insurance Co. Ltd.

(2.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 by the claimant-appellant against the judgment and award dated 22.08.2006 as passed by the Motor Accident Claims Tribunal, Sibsagar in MAC Case No. 40 of 2003.

(3.) AS corollary to this, the entire assessment has to be re- drawn. It appears from the service record as produced before the Tribunal that the date of birth of the deceased was 01.03.1955. The accident occurred on 04.04.2003 and at that time the deceased was aged about 49 years. The deceased used to draw a gross salary of Rs. 25,739/-. From the break-ups given in the said service report, it appears that his accountable income was Rs. 11,852/-. The annual income, therefore, would be Rs. 1,42,224/-. 1/3rd would be deducted therefrom as the personal expenses of the deceased. After deduction the amount comes to Rs. 94,816/-. Considering the age of the deceased at 49 the multiplier should be Rs.13' as per the principle as laid down by the Apex Court in Sarla Verma(Smt.) Vrs. Delhi Transport Corporation & Anr., reported in (2009) 6 SCC 121. Therefore, the said sum is required to be multiplied by multiplier Rs.13' for having the loss of dependency. Thus the amount comes to Rs. 12,32,608/-. This amount to be added by the other components, such as, loss of consortium at Rs. 10,000/-, funeral expenses at Rs. 5000/- and loss of estate at Rs. 10,000/-. In the records, no material has been placed for enabling this Court to assess loss of future income. Hence, this Court is not inclined to grant any amount on that component. As such, the total compensation comes at Rs. 12,57,608/-. The said sum shall carry interest @ 6% p.a from the date of filing of the claim petition till the payment is made. It is made clear that the amount of Rs. 50,000/- as awarded by the Tribunal under no fault liability be deducted from the said amount at the time of making payment. Since the respondent No. 1, the Oriental Insurance Co. Ltd. is the insurer of the offending vehicle, they shall pay the entire awarded sum within a period of two months from today with interest in the tribunal.