JUDGEMENT
S.R. Nayak, C.J. -
(1.) Should we say that
as we read the impugned award it reflects
total ignorance of the settled principles of
law governing computation of
compensation on the part of the learned Presiding
Officer of the Tribunal? He does not seem
to have been aware of the norms and principles governing the process of computing
just and reasonable compensation in a death
case. We are constrained to use this strong
language. The M.A.C.T. having taken daily
income of the deceased as Rs. 85, ought to
have applied multiplier method for computing loss of dependency. If daily income
of deceased was Rs. 85, which we round
off to Rs. 90 and if we deduct one-third
from that income for personal expenses, the
actual loss of dependency per day would
be Rs. 60. As per the post-mortem report,
the age of the deceased was 60 years and,
therefore, the appropriate multiplier to be
applied is 8. Thus, total loss of dependency
would come to Rs. 1,72,800 (Rs. 60 x 30 x
12 x 8). To this we add sum of Rs. 20,000
for 'loss of consortium' and Rs. 20,000 for
'loss to the estate' and Rs. 5,000 towards
'funeral expenses'.
(2.) In the result and for the foregoing
reasons, we allow the appeal in part and
in substitution of the impugned award
passed by the M.A.C.T., we award total
compensation of Rs. 2,17,800 under the
following heads:
JUDGEMENT_643_ACJ_2007Html1.htm
with interest at the rate of 6 per cent per
annum from the date of the claim petition
till payment.
(3.) The insurance company shall deposit
the balance compensation money before
the M.A.C.T. within 6 weeks from today.
On such deposit being made, the M.A.C.T.
shall disburse/invest the compensation
money in the same proportions as specified
by it in the impugned award.;
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