NEW INDIA ASSURANCE CO LTD Vs. GRORGE MATHEW

JUDGEMENT

(1.) This appeal, at the instance of the New India Assurance Co. Ltd., is directed against the judgment and award dated 21.2.1994 passed by Motor Accidents Claims Tribunal, Bokaro in Title (M.V.) Suit No. 134 of 1992, whereby a sum of Rs. 3,50,000 has been awarded by way of compensation to the claimants on account of death of their son. The claimants, who are the parents, filed an application for grant of compensation for the death of their son Mathew George, who met with an accident on 19.4.1992 with the Ambassador car bearing registration No. BRI 3868 near Krishna More, Bokaro.

(2.) The undisputed facts are that the deceased was aged 22 years and was a constable working in C.I.S.F., Bokaro Steel Limited, Bokaro. It is also not in dispute that the deceased was getting Rs. 1,541 as monthly salary at the time of his death. The Tribunal while assessing the quantum of compensation had deducted 50 per cent from the salary and the remaining 50 per cent, i.e., Rs. 770 was taken as monthly dependency. The annual dependency was accordingly calculated at Rs. 9,240 and by multiplying it by 36 the compensation was calculated at Rs. 3,32,640. By adding some amount by way of consortium and loss of association, the total amount assessed was Rs. 3,50,000.

(3.) Mr, Alok Lai, the learned counsel appearing for the appellant, assailed the impugned award mainly on the ground that the Tribunal has committed serious error of law in taking 36 years of age while applying the multiplier theory. However, learned counsel very fairly conceded that instead of 50 per cent the Tribunal ought to have deducted only 1/3rd out of the total salary and then the monthly dependency should have been multiplied by a maximum of 11 years because the deceased left behind only the old parents.