MANAGER UNITED INSURANCE COMPANY LTD Vs. JHARNA HALDAR

JUDGEMENT

(1.) THIS appeal filed by the Insurance Company is directed against the order dated 30.3.96 by which the Motor Vehicles Claims Tribunal has awarded Rs. 2,13,840/ - as compensation to the claimants.

(2.) THE deceased was travelling by a bus bearing WB 37/002 on 15.3.93. Due to rash and negligent driving of the driver the bus met with an accident and the deceased travelling on the roof of the bus on the direction of the bus conductor fell down and died. Thereafter a claim case was filed before the Tribunal by the respondents and the Tribunal awarded the aforesaid amount as compensation.

(3.) THE submission is well founded. It appears that the Tribunal has fixed monthly dependency as Rs. 450/ - and annual dependency as Rs. 6480/. If the annual dependency is multiplied by the maximum multiplier of 18 to which the appellant has agreed then the amount to be paid as compensation will come to Rs. 1,16,640/ -only whereas the Tribunal has awarded Rs. 2,13,840/ -. The Tribunal was not justified in applying the multiplier of 33. The deceased was aged about 32 years. Taking into consideration the relevant facts the Tribunal could have applied the maximum multiplier of 18. As the annual dependency allowance fixed by the Tribunal has not been challenged by the learned counsel for the appellant, if the same is multiplied by 18 then the amount of compensation to be paid to the claimants comes to Rs. 1,16,640/ -. The Tribunal was not justified in granting compensation of Rs. 2,13,840/ -.