ORIENTAL INSURANCE CO LTD Vs. SHANTI DEVI

JUDGEMENT

(1.) THE appeal has been filed against the JUDGMENT : and award dated 10.12.1997 passed by the 2nd Additional District Judge -cum -Motor Vehicle Accident Claims Tribunal, Araria in M.V.A. Case No.3 of 1991/10 of 1996.

(2.) THE claim case was filed for compensation by respondent no. 1, namely, Shanti Devi widow of Kanhai Lal Bhagat for herself and for her minor children. Her husband, Kanhai Lal Bhagat met with an accident on 6.7.1990 while he and others were coming from Gulabbagh, Purnea to Raniganj on a Swaraj Mazda Mini Truck. He sustained injury in the accident and succumbed to his injury on the same day. The dead body of Kanhai Lal Bhagat was brought to Araria Hospital and police case being Araria P.S. Case No. 158/90 was registered. The income of the deceased was stated Rs. 1,500/ - per month in the claim application. The claim was contested by the insurance company. The learned Tribunal considering the evidence/material on record assessed compensation to the tune of Rs.1,28,000/ -.

(3.) LEARNED counsel appearing for the appellant -Insurance company contended that the learned tribunal did not consider the law laid down by the apex court in the case of General Manager, Kerala State Road Transport Corpn., Trivandrum vs. Mrs. Susama Thomas and others, A.LR. 1994. SC 1631 wherein the apex court has held that multiplier method of assessment is proper, logically sound, well established method and departure can be made from the multiplier method only in rare and extraordinary circumstances and in exceptional cases. Multiplier method should be applied in such a way that dependency calculated in money value should fetch the same amount of dependency to the claimant if the awarded amount is deposited in bank or other financial institution in fixed deposit. On the other hand. learned counsel for the respondents contended that the claimants -respondent were entitled to some more compensation amount as the age of the deceased at the time of accident was about 40 years. He was maintaining sound health and there was future prospect in the business.