ORIENTAL INSURANCE CO.LTD Vs. SAMUNDRA DEVI

JUDGEMENT

(1.) HEARD the parties and with their consent this appeal is disposed, of under Order 41 Rule 11 of the Code of Civil Procedure. Dipak Kumar Marick, aged about 18 years, lost his life in a motor accident, on 20.4.1994. He was knocked down by a bus (BEN 6588) and received fatal injury and died in course of treatment. Annual dependency was fixed at Rs. 9600/ - and using 16 multiplier, amount of compensation was assessed at Rs. 1,53,600/ -, plus Rs. 15,000/ - was given for loss of consortium and estate.

(2.) IT was proved that accident occured for the fault of driver of the bus. The deceased is said to be unmarried and, therefore, there was no occasion to grant compensation for loss of consortium.

(3.) IN my opinion, by using multiplier of 10 in this case annual dependency of Rs. 9600/ - the compensation amount comes to Rs. 96,000/ -, plus Rs. 4000/ - for loss of estate, total amount thus comes to Rs. 1,00,000/ -. If the said amount is kept in fixed deposit it would fetch interest more than the amount of aforesaid annual dependency. It would be appropriate amount of compensation in the present case. It would fetch interest of Rs. 10,000/ - per annum, which would be more than the amount of annual dependency.