SMT. MUNNI Vs. THE ORIENTAL ASSURANCE CO. LTD.

JUDGEMENT

(1.) Mangal Singh, deceased, who died in the motor accident, was aged 40 years. Appellant No. 1 is his wife and other appellants are his sons, daughters and parents. The learned Motor Accident Claims Tribunal (Fast Track) No. 1, Dholpur, under its award, dated 26.7.2004, in MAC Case No. 25/04, awarded a sum of Rs. 2,30.400.00 under the head of economic dependency and a sum of Rs. 24,600.00 under the heads of loss of love and affection, loss of consortium and funeral expenses, in favour of the claimant appellants.

(2.) The learned Tribunal has awarded a just and reasonable compensation under the head of loss of economic dependency to the family. The multiplier of 16 adopted in the facts of this case is also not towards the lower side. However, the award of lump sum amount of compensation of Rs. 24,6001- under the heads of loss of love and affection, consortium and the funeral expenses is certainly towards the lower side.

(3.) In the result the appeal succeeds in part. The widow is granted a sum of Rs. 20.000.00 for the deprival of love and affection consortium, safety and security; the parents are awarded a sum of Rs. 15,000.00 each for the deprival of love and affection, care and security of their son; the children are awarded Rs. 10.000.00 each for deprival of love and affection, security and protection of their father. The total amount under this head comes at Rs. 1.00,000.00 (20000 +30000 +50000). The learned Tribunal, under this head. has awarded a sum of Rs. 24,600.00. Thus, the total enhanced compensation comes to Rs. 75.400.00 (1.00,000-24,600). The claimant appellants shall be entitled for interest on this enhanced amount of compensation at the rate of 6% per annum from the date of the application till its realization. The respondent Insurance Company is directed to deposit the enhanced amount of compensation together with interest, as aforesaid, in this Court within a period of one month from the date of receipt of the copy of this order, by Account Payee Cheque/DD/Pay Order drawn in the name of the Registrar (Administration) of this Court. On deposit of the amount aforesaid, the court shall pass the order of its disbursement/investment thereof.