Bindul Bhuian S/o Rampati Bhuian vs New India Assurance Co. Ltd

This is an appeal under Section 173 of the Motor Vehicles

Act for enhancement of compensation awarded to the appellants, who

are the parents and minor brother and sisters of the deceased Jhuni

Kumari, who died in a road accident on 04.11.2001. She was 18 years

old girl and it was said that she used to sell green vegetables and earn

Rs.3,000/- per month. However, on account of there being no

documentary evidence in support of the aforesaid, learned Tribunal

disbelieved the same and awarded a total compensation of Rs.90,000/-

without any much discussion as to how and in what manner, the

compensation has been assessed.

Having heard learned counsel for the parties, I am of the

considered view that as the deceased was 18 years old girl, the

compensation should have been assessed by calculating notional

income by applying the multiplier of 18 and granting certain benefits to

the parents on account of loss of love and affection etc. Calculating the

compensation on the aforesaid basis, the compensation comes around

Rs.3,49,000/- and to that if a sum of Rs.50,000/- towards love and

affection is added, the compensation comes to Rs.3,99,000/- and,

therefore, interest of justice would be met in case total compensation at

Rs.4,00,000/- is awarded to the claimants.

Accordingly, the compensation is assessed at

Rs.4,00,000/- and deducting a sum of Rs.90,000/- already paid along

with interest by the New India Assurance Company Limited,

Respondent No.1, the remaining amount along with interest at the rate

of 6% per annum on the enhanced amount with effect from the date of

the award, i.e. 03.04.2008 be now paid to the claimants by the

Insurance Company within a period of 60 days from the date of receipt

of a certified copy of the order.

With the aforesaid, the appeal stands disposed of.