- (1.) This appeal has been preferred against the judgment and award passed on 31st August, 2010 by the learned Judge, M.A.C. Tribunal, 8th Additional District Judge, 24 Parganas (South) Alipore in M.A.C.C. No. 4 of 2008 by the Reliance General Insurance Company Limited, inter alia, on the ground that since the victim, an employee of the South Eastern Railway and aged 58 years, was drawing a salary of Rs. 34,177/- per month,. the Tribunal wrongly applied the multiplier of 8 instead of 2.
(2.) It is to be noted that the victim met with an accident on 18th August, 2007 and had expired on 24th August, 2007. Since this Court in FMA 1293 of 2012 (The New India Assurance Co. Ltd. v. Sitarani Jana and others), which was disposed of by the judgment delivered on 21st April, 2015, held that in a case of a Government servant the multiplier should be computed with regard to the residual period of service, in our view the Tribunal was not justified in applying the multiplier of 8. Therefore, as the deceased was to have superannuated at the age of 60, the multiplier should be 2. Hence, Rs. 3,11,332/-, being the annual income, multiplied by 2 it comes to Rs. 6,23,064/-. Since there are eight dependents, in view of the judgment in Sarla Verma v. Delhi Transport Corporation, 2009 2 TAC 677 the deduction should be I/5th. Rs. 4,98,452/- (Rs. 6,23,064 Rs. 1,24,612/-) is the total loss of dependency. Further we uphold the direction of the Tribunal granting Rs. 67,000/- as medical expenses and the claimants are also entitled to Rs.. 9,500/- towards funeral expenses, loss of estate and loss of consortium. We find that in the cross-objection, being COT 44 of 2013, prayer has been made that the Tribunal while passing the impugned judgment and award had ignored the fact that the wife, daughters, sons of the victim are deprived from love and affection. Prayer is for grant of compensation for the mental shock and pain. Considering the facts and as there are eight claimants, we also direct that the claimants are entitled to a lump sum amount of Rs. 25,000/-. Therefore, the total amount of compensation comes to Rs. 5,99,952/- (Rs. 4,98,452/- + Rs. 67,000/- + Rs. 9,500/- + Rs. 25,000/-). Since we have modified of the order of the Tribunal by applying the multiplier of 2 and as there are eight claimants we do not disturb the direction of the Tribunal that the claimants are entitled interest at the rate of 8% per annum to be calculated from the date of filing of the claim petition, that is, 19th December, 2007 till the respective date of deposit. Since it is submitted by Mr. Das, learned advocate for the appellant that the statutory amount of Rs. 25,000/- has been deposited with the learned Registrar General and has not been withdrawn, the Insurance Company is directed to deposit the entire amount, including interest, before the Tribunal within four weeks from the date of presentation of a copy of the certified copy of this order by eight account payee cheques in favour of the claimants by dividing the entire amount, including interest, in nine equal shares of which the one cheque to be issued in favour of Majda Khatoon, the respondent No.1 covering two shares and the rest cheques to be issued in favour of claimant Nos. 2 to 8. The cheques standing in the names of the minors shall be received by their guardian / mother and shall be deposited in a nationalised bank in a short term fixed deposit to be renewed from time to time till they attain majority. Be it mentioned after the amount is deposited before the Tribunal, the Insurance Company is at liberty to withdraw the statutory amount, including accrued interest, lying with the learned Registrar General. The appeal and the cross-objection, being COT 44 of 2013, are allowed in part.
(3.) Lower court records be sent down immediately. Let a copy of this order be sent to the Tribunal for information.;