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Judgment
N.S. Dhanik, J.
Having heard learned Counsel for the parties, it transpires that the accident occurred on 28.12.2004 at around 5.30 PM when Bijendra Pal (appellant no. 1) was travelling along with his wife Durgeshi Devi, aged about 30 years, in the vehicle no. "UP10B-6707" and this vehicle was dashed by the driver of another vehicle no. "UP07C-5154". Smt. Durgeshi Devi suffered serious injuries in the accident and consequently she succumbed to her injuries. Subsequently, a claim petition was filed which was allowed granting compensation of Rs.1,70,000/- along with 5 per annual interest with effect from the date of institution of the claim petition till the actual payment. Besides, rupees five thousand has also been granted on other scores. Learned Tribunal has evaluated the compensation taking into account the notional income @ rupees fifteen thousand per year. Being aggrieved with the quantum of compensation, claimants have filed the present appeal before this Court.
Insurance company has not disputed the accident, insurance cover and death of Smt. Durgeshi Devi in the said accident. Appellant has agitated only the quantum on the ground that no fixed income of the deceased could be proved and, therefore, the Tribunal ought to have taken the notional income @ rupees thirty six thousand per year for evaluating the compensation, which has not been done in the present case. Learned Counsel for the claimants appellants also contended that the interest @ 5 per cent per annum is also on the lesser side.
I do agree with this contention of learned Counsel for the appellants and accept the same. Accordingly, in place of Rs.15,000, notional income @ Rs.36,000/- per year is taken as the base income for evaluating the compensation and the interest is also enhanced from 5 per cent per annum to 7 per cent per annum. I am not inclined to disturb the multiplier and other findings of the learned Tribunal.
Accordingly, after deducting one-third from the annual income on account of personal expenses, the annual incomes comes to Rs.24,000/- per annum and after applying the multiplier of 17 as has been applied by the learned Tribunal, the compensation comes to Rs.24000 x 17 = 4,08,000/-. This amount shall be paid by the appellant insurance company along with annual interest @ 7 per cent, instead of 5 per cent, with effect from the date of institution of the claim petition till the actual payment is made. Insurance company shall deposit the entire remaining amount within four weeks and thereafter the same shall be released by the Tribunal in favour of the claimants, in proportion as directed in the impugned award.
The impugned award dated 26.4.2008 is modified only to the extent indicated above. Appeal stands allowed in above terms.
Registry shall forthwith remit the amount of compulsory deposit along with the interest it has earned to the Tribunal concerned.
Let the LCR be sent back.