Decided on March 04,2021

Jyotsna Tanti Appellant
Bhaskar Datta Respondents


Akil Kureshi,J. - (1.) Appeal is filed by the claimants seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal in Case No. T.S (MAC) 246 of 2015 dated 14.02.2020. Cross-appeal is filed by the insurance company challenging the same award.
(2.) Brief facts are, that on 29.03.2015 one Nimai Tanti was travelling in a Tata Ace vehicle bearing registration No.TR-01-S-1908 when the vehicle met with an accident and over turned, causing death of Nimai Tanti. He was survived by his wife, mother, a son and a daughter. It appears that initially the claim petition was filed by the mother, wife and son. Later on, the daughter was also added in the claim petition. The case of the claimants was that the deceased had hired the vehicle for carriage of goods and he was traveling in the vehicle with his goods. The vehicle was insured with the National Insurance Company. The claimants, therefore, claimed compensation of Rs.53,63,000/- from the owner and insurer of the vehicle involved in the accident. According to the claimants, the deceased was aged about 45 years, was a mason earning Rs.15,000/- per month. The Tribunal believed the income of the deceased at Rs.6,000/- per month at the time of accident treating him as a ordinary labourer, deducted 1/3rd for his personal expenditure considering three dependents and applied a multiplier of 14 in view of the decision of Supreme Court in case of Sarla Verma (Smt) and others v. Delhi Transport Corporation and another reported in (2009) 6 SCC 121. The Tribunal then added Rs.20,000/- towards cremation etc., Rs.50,000/- towards loss of consortium and Rs.20,000/- for loss of estate. The Tribunal thus awarded compensation of Rs.7,62,000/-.
(3.) It appears that the mother and wife of the deceased Nimai Tanti had already died by the time the award was passed by the Claims Tribunal, however cause title does not fully reflect these changes. Be that as it may, the son and daughter of the deceased have filed this appeal. Their grounds in appeal are that the Tribunal committed an error in assessing the income of the deceased at Rs.6,000/- only, no rise for future income was granted and though not argued before me, the question also would be, if there were four dependents on the date of accident should the deduction for personal expenditure have been 1/4th and not 1/3rd ?;

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