NATIONAL INSURANCE COMPANY LTD. Vs. BANDANA SAW

JUDGEMENT

(1.) This appeal has been presented by National Insurance Company Ltd. against the judgment and award dated 21st April, 2008 passed by learned Addl. District Judge, FTC-III-cum-M.V.A.C., Jamshedpur, East Singhbhum, in connection with Compensation Case No. 55 of 2007 whereby the claimants have been directed to be paid a sum of Rs. 6,24,000/- as total compensation and out of total compensation amount a sum of Rs. 50,000/- was already paid and therefore, the balance compensation amount of Rs. 5,74,000/- with interest @ 6% per annum from the date of filing of the claim petition i.e. from 27.07.2007, was directed to be paid by the insurance company. The brief facts behind institution of claim application is that the deceased, who was a fish merchant, was sitting on the roadside of the market near village Bhatiana, P.S. Bahragora, District East Singhbhum. Suddenly a vehicle bearing registration No. AS-01C-1052 being driven rashly and negligently, dashed the deceased with great force as a result of which he sustained injuries and was shifted to Pani Nursing Home, Bahragora where he was declared dead. The claimants who are respondent Nos. 1 to 5 have filed application before the learned Tribunal for grant of compensation in lieu of the death of deceased Shit Kanth Saw. The learned Tribunal passed judgment by which the claimants were directed to be paid compensation, as stated above.

(2.) It is submitted that no certificate for income was produced by the claimants but the Tribunal has accepted the oral evidence and admitted the monthly income of deceased as Rs. 6,000/- per month and accordingly calculated the compensation amount which is incorrect. In view of the decision of the Hon'ble Supreme Court, if no certificate with regard to income is proved by the claimant, the Tribunal can consider the monthly income of the deceased as Rs. 3,000/- per month.

(3.) The learned counsel appearing for the respondents/claimants has also relied on the judgment (New India Insurance Company Ltd. v. Smt. Kalpana and other, 2007 AIR(SC) 1243) and agreed that the monthly income of the deceased may be considered as Rs. 3,000/- per month but after excluding all deductions. Since the respondents have agreed to receive compensation amount as per the decision passed by the Hon'ble Supreme Court, the monthly income of the deceased is considered to be Rs. 3,000/- after excluding all expenses which the deceased had incurred on his own. If the multiplier of 13 is taken, the total compensation amount comes to Rs. 3,90,000/-. It is admitted that the claimants have already received Rs. 50,000/- as interim relief and therefore, the balance sum of Rs. 3,40,000/- is directed to be paid by the appellant-insurance company to the claimants with interest @ 6% per annum from the date of filing of the claim application i.e. 27.07.2007.