ORIENTAL INSURANCE CO LTD Vs. ANANDI DEVI

JUDGEMENT

(1.) HEARD the parties and perused the records of M.V. Case No. 25 of 1990. Gourishankar Paswan, aged about 30 years of village Dinapatti, District -Saharsa was working as labourer on a tractor (BRU -6279) engaged in transporting sand. It was trapped in a ditch. Prabhu Choudhary, respondent no. 3, who was son of Satyadeo Choudhary, respondent no. 2 (owner of the tractor) and was driving the tractor asked Gourishankar to mount its front and applied high acceleration, the tractor come out, but in the process the said labourer unfortunately fell down and run over by the tractor and lost his life. His widow, respondent no. 1 filed claim case under the Motor Vehicles Act, 1988. The vehicle was insured with the appellantInsurance Company. By impugned judgment and award, total amount of Rs. 1,63,500/ - was assessed to be paid to the claimant, besides Rs. 6000/ - as costs and interest @ 15% per annum on the compensation amount, from the date of claim case till payment.

(2.) MR . Ajay Kumar, counsel for appellant submitted that ignoring the ratio of the Apex Court decision in General Manager, Kerala State Road Transport Corporation V/s. Susamma Thomas and ors. (AIR 1994 SC 1631) the tribunal erred in applying wrong multiplier in the present case. It was further submitted that there was no occasion for granting any amount towards costs and the rate of interest allowed is also excessive.

(3.) IT is true that selection of multiplier does not depend solely on the basis of age of the deceased, but also by the calculation as to what actual sum if invested at a rate of interest appropriate to a stable economy, would yield the annual dependency by way of annual interest. It has also to consider that if the compensation amount is kept in term deposit in a Nationalised Bank or in an stable financial institution, it may fetch to the dependants the amount of dependency available to them from annual income of the deceased.