AI Structured Summary
Not yet generated for this judgment
Judgment
Gautam Kumar Choudhary, J
Claimants are in appeal for enhancement of compensation awarded in Motor Accident Claim Case No. 44 of 2019 passed by M.A.C.T-cum-District Judge-I, Chatra whereby and whereunder, a sum of Rs.12,14,104/- has been awarded in favour of the claimants under Section 166 of the M.V. Act.
The facts are not in dispute.
The claim as preferred on the limited ground that the deceased at the time of accident, as per the finding recorded by the learned Tribunal, was 46 years, and the dependents were four in number, but the future prospect has been assessed at 10% of the income and not 25% which will be applicable for the age group of the deceased.
It is argued by the learned counsel for the claimants/appellants that learned Tribunal erred in deducting one-third on the personal and living expense of the deceased instead of one-fourth.
Learned counsel appearing on behalf of the Insurance-Company has defended the impugned award, but has not disputed the factual assertion.
Taking income of Rs. 10,000/- as assessed by the learned Tribunal, future prospect 25% and one-fourth personal living expense, the final compensation amount will work out as under: -
Annual Income = Rs.10000/- X 12
Rs.1,20,000/
Future Prospect Rs.1,20,000/-
X 25%
Rs.30,000/-
After adding annual income and future prospect
Rs.1,20,000 + Rs.30,000 =Rs.1,50,000/-
Deduction of 1/4th personal and
living expense
Rs. 1,50,000 - Rs. Rs.37500
= Rs. 1,12,500/-
Multiplier of 13 taking the age of the deceased to be
Rs. 14,62,500/-
Conventional Head
Rs.70,000/-
Total Compensation
Rs.15,32,500/-
Under the circumstance, the Insurance Company is directed to make payment of Rs. 15,32,500/- with interest @ 7.5% from the date of filing of the claim application, within a month of the order, which shall be disbursed to the claimants by the Tribunal on terms fixed by it.
Miscellaneous Appeal is allowed.
Pending I.A., if any, stands disposed of.