Dhrub Narayan Upadhyay, J. - (1.) This appeal has been filed by the Oriental Insurance Company Limited against the judgment and award dated 28th November, 2014 passed by the District Judge -IV -cum -M.A.C.T., Bokaro in connection with T.M.V. No. 14/2011. The appellant has assailed the impugned judgment mainly on the ground that pecuniary loss due to untimely death of the deceased has been assessed to the extent of Rs. 3,96,000/ - but a sum of Rs. 1,00,000/ - towards consortium and Rs. 1,00,000/ - towards loss of love and guideline to the minor son -claimant No. 3 -Govind Murmu and Rs. 25,000/ - towards funeral expenses have been awarded.
(2.) It is contended that guideline appended to Second Schedule under Sec. 163 -A has been followed to assess and calculate the compensation but the Tribunal has not followed the principle for deciding the amount to be paid towards funeral expenses; loss of consortium and loss of estate as given under general damages in case of death. No reasoning has been assigned for awarding Rs. 2,25,000/ - towards loss of consortium; loss of love and guideline and towards funeral expenses.
(3.) According to the facts appearing in the case at hand Jethu Manjhi sustained injury while he was travelling on a Trekker bearing registration No. BR -17P -4086 due to dash caused by offending Trailor No. NL -01D -5437. The incident took place on 17.12.2010 at about 9:30 p.m. on N.H. 23 near Jaina More. It was disclosed by the claimants that the deceased was skilled carpenter and his monthly income was more than 6,400/ - per month but no income certificate has been furnished by the claimants. On the basis of evidence adduced, the Tribunal has assessed monthly income of the deceased at Rs. 4,500/ - per month and the deceased at the time of death was aged 53 years. Pecuniary loss caused to the family has wrongly been assessed to the extent of Rs. 3,96,000/ -.;