ASHIM KUMAR BANERJEE,J. - (1.) The victim Naru Bouri was working under Eastern Coalfields Ltd., a Central Government Organization. He died an accidental death while a Tata Sumo Car bearing registration No. HR-51C/1213, hit him due rash and negligent driving of the driver. The vehicle was insured with New India Assurance Co. Ltd., the appellant above named. The wife and children of the victim, filed an application for compensation under Section 166 of the Motor Vehicles Act, 1988. The Tribunal applied the multiplier of 9 considering the age of the victim, who was more than 55 years old. The Tribunal while awarding the compensation deducted ?th of the total income as the victim's personal expense taking into account the number of dependents. The Tribunal relied on the decision in the case of Smt. Sarala Verma and others v. Delhi Transport Corporation and Another, reported in 2009 (2) T.A.C. 677 (S.C.).
(2.) Being aggrieved, the Insurance Company preferred the instant appeal.
(3.) Mr. K.K. Das, learned Counsel appearing for the appellant, has raised the following issue:- i) Since, the application was made under Section 166, the Tribunal should have mechanically applied the second schedule that too, higher than the multiplier prescribed in the said schedule. ii) The Tribunal failed to appreciate that the loss and gain the family received and/or suffered due to the death of the victim should be taken into account. Pertinent to note, the widow of the deceased got compassionate appointment under the Easter Coalfileds Ltd. iii) The Tribunal should have applied the decision of the Apex Court in the case of Bhakra Beas Management Board v. Smt. Kanta Aggarwal and Ors., reported in 2008 AIR SCW 5256 , wherein the Apex Court reduced the multiplier to a substantial extent considering the fact that the widow got compassionate appointment in place of the victim. iv) When the victim was holding a Government post and was receiving certain sum out of such employment, the Tribunal should have taken into account the unexpired period of service while computing the compensation and should mechanically apply the 2nd Schedule.;