BINITA BARTIYAR Vs. ANIL KUMAR SINHA

JUDGEMENT

(1.) The appellants are the widow and children of late Pramod Kumar Bartiyar who died in an unfortunate motor accident which took place on 18.10.1999 by Maruti van bearing registration No. BR 14-B 6908 at Charhi Road, Hazaribagh. The deceased was aged 40 years and was posted as Senior Inspector in the Steel Authority of India Limited and was getting a gross salary of Rs. 11,180 p.m. The claimants-appellants claimed compensation of Rs. 70,00,000.

(2.) Claims Tribunal took into consideration the net monthly salary, i.e., Rs. 8,860 which the deceased used to bring home after certain deductions and calculated the annual salary at Rs. 1,06,320 and capitalised it on 12 years purchase which come to Rs. 12,75,840. After deducting 1/3srd from the total amount the Tribunal assessed compensation at Rs. 8,50,560 and awarded interest at the rate of 9 per cent per annum. Claims Tribunal further held that if this amount of compensation (Rs. 8,50,560) is kept in long term fixed deposit for which the bank interest is 9 per cent per annum, it will fetch Rs. 6,000 per month which is the actual loss to cLalmants. The appellants being not satisfied with the said award preferred this appeal for enhancement of compensation.

(3.) On 2.7.2003 this appeal was put up for hearing and in course of argument we tried to get the cLalm settled at Rs. 10,00,000 but the insurance company did not agree to settle the cLalm. However, at the request of Mr. Alok Lal, learned counsel appearing for the insurance company we referred the matter to the Lok Adalat but before the Lok Adalat the cLalm could not be settled. Hence this appeal has been listed for hearing and disposal on merit.