ORIENTAL INSURANCE COMPANY LIMITED Vs. UMA VYAS

JUDGEMENT

(1.) This appeal by the insurance company seeks to challenge the judgment dated 27-5-1992 passed by the learned Motor Accident Claims Tribunal, Kathua in Claim Petition No. 25 of 1991 whereby compensation of Rs.10 lakhs has been awarded in favour of the respondents Nos. 1 to 3 in this appeal and against the appellant. The only ground alleged by Shri H. L. Choudhary, learned counsel appearing for the appellant in the appeal is with regard to the quantum of compensation. No other point was urged.

(2.) Appearing for the appellant Mr. Choudhary contended that the compensation amount was excessively and unreasonably higher and that, looking to the admitted facts and circumstances of the case, the Tribunal ought to have fixed the compensation on a much lower side. Controverting Mr. Choudhary's submission, Mr. Hali learned counsel appearing for respondents Nos. 1 to 3 submitted that the amount awarded by the Tribunal was just, fair and reasonable and that its slashing down or reduction was neither called for nor warranted.

(3.) The claim petition related to and arose out of the death of Capt. D. C. Vyas on 8-6l99l. Capt. D. C. Vyas was a young Army Officer aged 33 years and 8 months when he died in a road accident. He left behind his widow Mst. Uma Vyas and two minor children, both sons aged 8 and 6 years when the claim petition was filed in 1991. As per admitted evidence on record, monthly emoluments of Capt. Vyas were to the tune of Rs. 5735/-, besides he was entitled to free furnished accommodation, free medical services and free ration etc. After taking into account all above referred factors; the actual salary drawn by the deceased and the fact that the deceased was spending some amount on himself for his personal maintenance etc., the Tribunal assessed multiplicand i.e. annual dependancy, of the claimants over the income of the deceased at Rs. 48,000 / - i.e., at the rate of Rs. 4,000/ - per month. This was especially keeping in view the fact that the salary of the deceased was Rs. 5735 / - per month and, even though the perks mentioned above were not converted in terms of money, they definitely were so for everyone to assess and to find out as to whether, after the death of Capt. Vyas, were the petitioners deprived or not deprived of these perks which they were getting because of his being alive and in army service. From all counts, therefore, the multiplicand of Rupees 48,000 / - per year cannot be considered to be higher, unreasonable, unfair or on the higher side. In my view, this is absolutely fair, just and totally reasonable.