ORIENTAL INSURANCE COMPANY Vs. SHALINI SINGH

JUDGEMENT

(1.) HEARD the parties and with their consent this appeal is disposed of under Order XLI. Rule 11 of the Code of Civil Procedure. Against the impugned judgment and award dated 11.10.1999, passed by 3rd Additional Judicial Commissioner-cum-3rd Additional Motor Vehicle Accident Claim Tribunal, Ranchi, in Compensation Case No. 127 of 1998, under the provisions of Motor Vehicles Act. 1988 (hereinafter referred to as 'the Act'), the insurer has preferred the present appeal under Section 173 of the Act. It is pointed out that in absence of any evidence in respect of actual personal expenses of the deceased, out of his earnings, only 1/4th of his earnings was deducted, whereas as per settled law. in such circumstance, 1/3rd thereof ought to have been deducted. A perusal of impugned judgment reveals that in paragraph No. 12 it was mentioned that Rs. 18,000/- i.e., 1/3rd of annual dependency of Rs. 72,000/- was being deducted towards personal expenses of the deceased, which was actually 1/4th and not 1/3rd. A petition under Section 152 of the Code of Civil Procedure was filed for correction thereof. which was rejected by order dated 8.11.1999 (Annexure 1/1). The Tribunal held that, in fact, only l/4th was deducted, which was wrongly typed as l/3rd and, therefore, the aforesaid amount of Rs. 18,000/- was correctly mentioned. I find force in the argument of Mr. Allam. Accordingly, the impugned judgment and award is modified to the extent that after deducting l/3rd, annual dependency comes to Rs. 48,000/- and applying 12 multiplier thereon, total amount of compensation conies to Rs. 5,78,000/- payable with interest as directed by the Tribunal. This appeal is disposed of with the aforesaid modification in the impugned judgment and award.

(2.) STATUTORY amount of Rs. 25,000/-, deposited by appellant in this appeal, vide Challan No. J-47 dated 12.7.2000 is permitted to be withdrawn by claimants respondents 1 to 6 or proper verification and in accordance with law.