ORIENTAL INSURANCE COMPANY LTD. Vs. MEERA DEVI

JUDGEMENT

(1.) COUNSEL appearing for both sides 'fairly submitted that looking to the age of the deceased, the principle of multiplier applied by the trial court is correct, which is 16. Likewise, the salary updated by the trial court at Rs. 3500/ - per month is also correct and therefore, the total compensation ought to have been decided on the basis of these two factors, especially looking to Second Schedule appended to the Motor Vehicles Act, 1988.

(2.) LOOKING to the note of the Second Schedule, it appears that the amount of compensation so arrived at in the case of fatal accident claim shall be reduced by 1/3rd in consideration of the expenses which the victim could have incurred towards maintenance by himself having been alive. This aspect of the matter has not been properly appreciated by the Motor Accident Claims Tribunal, Bokaro and out of total compensation calculated in paragraph -29, which is at Rs.6,72,000/ -, this amount ought to have been reduced. This is an error on the face of the record. This 1/3rd amount ought to have been deducted from total compensation of Rs.6,72,000/ -. Therefore, the Motor Vehicle Accident Claims Tribunal, Bokaro should have awarded compensation of Rs. 4,48,000/ -, instead of Rs. 6,72,000/ - and rest of the award passed by the Tribunal is confirmed.

(3.) IN view of this submission, only modification made by this Court in the award passed by the Motor Vehicle Accident Claims Tribunal, Bokaro is that instead of Rs.6,72,000/ -, compeJ1sation will now be at Rs.4,48,000/ - and rest of the compensation and interest granted by the impugned award is upheld by this Court.