MOSEMAT DARBI DEVI Vs. RENU KOTHARI

JUDGEMENT

(1.) These appeals have been preferred against the judgment and award dated 5.5.2007 passed by learned 1st Addl. Claim Tribunal, Hazaribagh, in connection with Claim Case No. 29 of 2002 whereby a total sum of Rs. 8,85,628/- has been awarded as compensation in lieu of the death of Suraj Razak. Out of total compensation amount, Respondent No. 2/Insurance Company (Appellant in Cross Appeal) has been directed to pay 75% of the total awarded amount i.e. Rs. 6,64,221/- and the Respondent No. 2 has been directed to pay compensation amount within 30 days from the date of order failing which claimants will be entitled to receive the awarded amount alongwith penal interest at the rate of 6% per annum. Further, directions have been given with regard to distribution and deposit of the awarded amount in the bank. The facts in brief is that deceased Suraj Razak was traveling on a Commander Jeep bearing No. BR-14P-4000. When the jeep reached near Padma O.P. at Ranchi-Patna National Highway, one L.P. Truck bearing No. AP-05X-2479, coming from opposite direction i.e. from the side of Hazaribagh, caused dash to the Commander Jeep, as a result Suraj Razak and other occupants of the Jeep sustained injuries. The deceased Suraj Razak was removed to Hospital where he was declared dead. It is contended that the deceased at the time of his death, was aged about 54 years and he was the Inspector of Police, Wireless, posted at Hazaribagh. At the relevant time, the deceased was drawing monthly salary of Rs. 17,287/-.

(2.) Learned counsel for the claimant assailed the impugned order on the ground that the learned Tribunal has wrongly reduced the salary for the purpose of calculating annual income of the deceased. The Tribunal has assessed the income of the deceased which he would have got during tenure of his service and the amount of pension which he might be getting after his retirement. This is not the way to calculate the income of the deceased and therefore, the tribunal has committed gross error. In course of arguments, learned counsel has submitted that besides the compensation amount already paid to the claimant, if additional jump sum amount of Rs. 5,00,000/- shall be paid as enhanced compensation, the claimant shall be satisfied.

(3.) Learned counsel, appearing for the Respondent No. 2-Insurance Company, who is also appellant in Cross Appeal No. 8 of 2008, has raised objection but failed to satisfy and justify the amount of compensation Calculated by the Tribunal.