Decided on December 01,2005

KESHAV Appellant
PAVITRASEN Respondents


S.R.Nayak, CJ. - (1.) In a death case, in a claim application filed by the parents and unmarried sister of the deceased, the Tribunal has awarded a sum of Rs. 1,92,000 under the head of loss of dependency and Rs. 2,000 towards funeral expenses. Thus, a total sum of Rs. 1,94,000 with interest at the rate of 9 per cent has been awarded to claimants. The claimants not being satisfied with the quantum of compensation awarded by the M.A.C.T. have preferred this appeal.
(2.) We have heard learned counsel for the parties. It was contended by learned counsel for the appellants-claimants that the M.A.C.T. ought not to have deducted 2/3rd income of the deceased towards his personal expenses. It was also contended that the deceased was doing milk vending business and he had owned 8-10 buffaloes and he was earning average income of Rs. 200 per day and Rs. 6,000 per month. It was also contended that M.A.C.T. is not justified in not awarding any compensation under the heads of loss to estate and loss of filial love.
(3.) On the other hand, learned standing counsel for the insurance company would support the impugned award and contend that what is awarded is just and reasonable compensation and it does not warrant for any interference.;

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