UNION OF INDIA Vs. AMALA BEGUM

JUDGEMENT

(1.) The Judgment and award dated 21.1.2006 passed by the learned Member, MACT, Cachar, Silchar , Assam in MAC Case No.1632 of 2003 is under challenge in the instant appeal, which has been filed by Union of India. By the said impugned judgment the tribunal has awarded total compensation Rs.7,45,820/- with interest @ 6% per annum from the date of filing of the claim application by the legal heirs of the deceased. The compensation amount has been directed to be apportioned equally in between Insurance Company and the Union of India in as much as, the accident took place due to head on collision between two vehicles, one belonging to the CRPF department and the other one was a truck insured with M/S Oriental Insurance Co Limited.

(2.) Heard Smti R Bora, learned CGC for the appellant and Smti B Sharma, learned counsel for the respondent Nos. 1 to 7 (claimants). The insurance company has not contested the appeal. I have also gone through the impugned judgment and other documents annexed with the memo of appeal.

(3.) During the course of argument, the learned CGC practically challenged the computation of the compensation. Her submission was that as per the Scheme of the Govt. of India issued under Office Memorandum dated 11.9.1998 legal heirs of the deceased have received ex-gratia amount of Rs.5,00,000/- (Five Lacs) from the central government and a sum of Rs.1,00, 000/- (One Lac) from the State Government and this amount ought to have been deducted from the total compensation by the tribunal. Having not done so at least a sum of Rs.5,00,000/- (Five Lacs) paid by Union of India as ex-gratia should be deducted from the impugned award and the appellant should be absolved from the liability of payment of Rs.3,72,910/-.