Chandeshwar Chaudhary and Others vs Arun Kumar and Another

Sita Devi wife of appellant Chandeshwar Chaudhary died on 16.06.1995, when the bus (BR-06P 3851) in which she was travelling with her husband met an accident. She was a housewife and was 45 years old at the time of accident.

Both, owner and insurer of the bus appeared in the Claim Case and filed written statements. The owner specifically stated that the bus was insured at the relevant time with New India Assurance Company Limited and it was also not denied by the Insurance Company.

In the judgment and award the Tribunal assessed total amount of Rs. 67,864/-to be payable as compensation. It was calculated on the basis of monthly salary of husband of the deceased who is claimant No. 1 at Rs. 2554/- per month divided by 3 and on applying 11 multiplier thereto. Besides the above amount, a sum of Rs. 5000/- was granted for loss of consortium, Rs. 2500/- for loss of estate and Rs. 2000/- for funeral expenses.

We find no reason to interfere with the aforesaid calculation and grant of total compensation of Rs. 77,500/- payable to the claimants. Out of the aforesaid amount a sum of Rs. 50,000/- was already paid by the Insurance Company by way of interim award made u/s 140 of the Act and the balance amount of Rs. 27,500/- along with interest @ 9 percent per annum from the date of filling appeal till payment, in our opinion is also payable by the insurer, but the tribunal committed a serious error of record to the effect that the owner of the vehicle did not plead in his written statement that his bus Amar Jyoti was insured with New India Assurance Company Limited, whereas in fact in paragraph 6 of the written statement filed by the owner it was specifically stated that the bus in question was duty insured at the relevant time.

Hence the judgment and award is modified to the extent that balance amount of compensation along with interest is also payable by the Insurance Company.

This appeal is disposed of with aforesaid modification.