LAWS(PAT)-2008-9-177

UNITED INDIA INSURANCE COMPANY Vs. RAJ BALLABH RAI

Decided On September 30, 2008
UNITED INDIA INSURANCE COMPANY Appellant
V/S
Raj Ballabh Rai Respondents

JUDGEMENT

(1.) THE order under challenge is dated 21.7.2005 and award signed on 4.8.2005 passed in Claim Case No. 125/2001 by 6th Additional District Judge -cum -Presiding officer of Motor Accident Claims Tribunal, Patna, whereby and whereunder the claim petition filed by the parents of the deceased Dhaneshwar Rai, who was a boy of 22 years of age, have been allowed and the appellant Insurance Company has been directed to pay the claim amount of Rs. 1,25,000/ -

(2.) (One lac twenty - five thousand) to the claimants within a period of two months from the date of passing of the order alongwith an interest of 6% per annum. Rs. 50,000/ - (Fifty thousand) which has already been paid earlier was to be excluded from the total amount of Rs. 1,75,000/ - (One lac Seventy five thousand).

(3.) SO far notional income of the deceased is concerned, it was considered to be Rs. 15,000/ - (Fifteen thousand) per annum out of which 1/3rd has been deducted and calculation has been made at the rate of Rs. 10,000/ - (ten thousand) per annum with multiplier of 17 i.e. Rs. 1,70,000/ - (One lac seventy thousand) plus Rs. 5,000/ - as funeral expenses, which comes to Rs. 1,75,000/ - (One lac seventy -five thousand), out of which Rs. 50,000/ - (Fifty thousand) has already been paid to the claimants and, therefore, a direction for payment of Rs. 1,25,000/ - (One lac twenty -five thousand) has been given to the Insurance Company.