ORIENTAL INSURANCE CO. LTD. Vs. DIPALI DAS
HIGH COURT TRIPURA
ORIENTAL INSURANCE CO. LTD.
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Akil Kureshi,J. -
(1.) This appeal is filed by the Oriental Insurance company Limited to challenge an award dated 24.07.2019 passed by the Motor Accident Claims Tribunal, North Tripura, Dharmanagar in T.S. (MAC) No.26 of 2018. The insurance company presses this appeal both on the ground of quantum of compensation awarded by the Claims Tribunal as well as its liability to satisfy the award.
(2.) The appeal arises in following background:
One Arup Das after attending a marriage ceremony, had boarded a bus from Bagbassa to return to Assam. On the way the bus stopped at a petrol pump to fill diesel. When Arup Das got down from the bus for drinking water, an oil tanker bearing registration No.TR-01-J-1877 dashed with Arup Das causing fatal injuries. His widow, minor son and daughter, therefore, filed the said claim petition claiming compensation of Rs.25,87,264/- from the owner and insurer of the oil tanker involved in the accident. According to the claimants, deceased was just over 35 years of age at the time of accident. He was working in a company called 'Compass India Support Services Private Ltd.' at Gurgaon. His monthly salary was Rs.10,065/-.
(3.) The Claims Tribunal believed the income of the deceased at Rs.10,599/- at the time of accident, granted 40% for the future rise in income and thereafter worked out the loss of dependency benefits at Rs.17,80,560/- by applying a multiplier of 15. To this, the Claims Tribunal added Rs.40,000/- towards loss of consortium and Rs.15,000/- each for funeral expenses and loss of estate. The Tribunal thus awarded compensation of Rs.18,50,560/- which would be borne by the insurance company.;
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