SAROJ DEVI Vs. NIRANJAN BARAIK

JUDGEMENT

(1.) This appeal has been preferred by the respondent-claimants for enhancement of the awarded compensation amount of Rs. 3,16,400.00 with interest at the rate of 9% from 03.09.2008 by the Principal District Judge-cum-Presiding Officer, Motor Accident Claims Tribunal (for short M.A.C.T) Lohardaga, in Compensation Case No.42/2008.

(2.) The claimants are the wife and daughters of the deceased, Banmali Singh, who was employed in GDS BPM Masmano Post Office in Lohardaga district. That he was drawing a salary of Rs. 3,000.00 per month and also had agricultural income of Rs. 3,000.00 per month. That he died in a motor accident on 20.02007 on being run over by truck no.BR42G2424 at Kanda Chowk, Lohardaga. On account of the said accident, Senha P.S Case No.16/2007 corresponding to G.R No.89/2007 was registered and on investigation, charge-sheet was laid against the driver of the offending vehicle.

(3.) Learned counsel for the appellant-claimants has argued that admittedly deceased is survived by the daughters i.e. five daughters and his wife (widow). That considering the number of dependents, the court below should have deducted only 1/10th of the income of the deceased towards his personal expenses and has relied on the decision rendered in the case of Santosh Devi Vs. National Insurance Company Ltd. & Ors. reported in 2012 (3) TAC 1 (SC). It is argued that the Tribunal has erred in assessing the income of the deceased only on the basis of salary and not adding the agricultural income of Rs. 3,000.00. It is argued that a meager amount of Rs. 2,000.00, Rs. 5,000.00 and Rs. 2,500.00 respectively, has been awarded towards the conventional heads of funeral expenses, loss of consortium and loss of estate but no amount has been awarded for loss of love and affection suffered by the children. Learned counsel has relied on the decision of Honourable the Supreme Court in the case of Asha Verman & Ors. Vs. Maharaj Singh & Ors. reported in 2015 (2) T.A.C 299 (SC) and urged that the amount should be enhanced under the conventional heads. It is contended that respondent-claimants have not been paid a single farthing of compensation amount or the interim compensation awarded under section 140 of the M.V. Act, till date.