- (1.) In the Instant appeal, the impugned judgment and award passed by the Motor Vehicles Accident Claims Tribunal, Ranchi, in Compensation Case No. 108 of 2002, directing the appellant to pay compensation of rupees seven lakhs and odd along with interest to the claimants, is under challenge. According to the appellant, the amount of compensation, so awarded, is too excessive and exorbitant and is more than the amount, claimed by the claimants.
(2.) Normally the appeal preferred by the appellant/insurance Company with regard to quantum of compensation is not entertained but in cases where the Tribunal commits gross error and mistake in applying the procedure for assessment, the High Court can certainly interfere with the award. In the instant case, findings of the Tribunal is that the monthly Income of the deceased was Rs. 3,284/-. Assessing the compensation on this amount, the Tribunal has doubled the amount of Rs. 3,284/- and then assessed the compensation of Rs. 7,90,080/- by using multiplier of 16.
(3.) In our view, when the take home salary of the deceased was Rs. 3,200/- the annual dependency comes to about Rs. 27,000/-. the deceased was 45 years of age. By taking multiplier of 16, the compensation amount comes to Rs. 4,32,000/-. Thus, in our view, a sum of Rs. 4,50,000/-shall be just and reasonable compensation.;