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Judgment
Heard Mr. P. Mahanta, leaned counsel for the appellant and Ms. L. Sarma, learnedcounsel for the Respondent/Insurance Company.
This statutory appeal under Section 173 of the M.V. Act is filed by the claimant againstthe judgment and award dated 29.01.2014, passed by the
MACT, No. 2, Kamrup in MAC Case No. 1291/2010.
One Wang Kham Ganga Singh, the husband of the clamant died in a motor vehicleaccident on 30.04.2010 involving vehicle bearing registration No.
AS-01-BC-8636, owned by the respondent No. 2 and insured with the respondent No. 1. The wife of the deceased filed an application before the
MACT, Kamrup praying for compensation and the learned Tribunal granted a compensation of Rs. 6,06,039/-, which included Rs. 30,000/- as loss of
dependency and medical expenditure of Rs. 5,41,039/-.
Unsatisfied with the award, the claimant preferred the appeal.
Learned counsel Mr. P. Mahanta, submits, that the claimant was a pension holder andhe was drawing a monthly pension of Rs. 7,436/-. However,
the learned Tribunal while determining the loss of dependency, took a notional income of Rs. 3000/- per month ignoring the evidence adduced by the
claimant, and as such, urged for enhancement of compensation on account of loss of dependency on the basis of the real income of the deceased at
the time of accident.
The claimant stated on oath, that the deceased was a pension holder and also provedExt.4, the Pension Payment Order (PPO), as well as Ext.5, the
bank statement showing that the deceased was drawing a pension of Rs. 7436/- per month and this evidence of the claimant remained unshaken. In
fact, learned counsel for the respondent also concedes, that as per Ext.5, the deceased was drawing pension of Rs. 7436/-.
Since the deceased was drawing a pension of Rs. 7436/- per month, which was hisspecific income, learned Tribunal ought not to have assessed the
compensation on the basis of notional income ignoring the evidence of the claimant. As there was candid evidence showing the specific income of the
deceased as Rs. 7436/-, the said income is required to be taken into consideration for determining the compensation. There is no dispute with regard to
the age of the deceased and also the multiplier-2 applied by the learned Tribunal. Thus, with the above income of Rs. 7436/-, deducting 1/3rd
therefrom towards personal expenses of the deceased and applying multiplier-2, the loss of dependency, to which the claimant is entitled, is reassessed
as under.
Loss of dependency (Rs. 7436X12X2)=178464/-
                                    Deduction 1/3rd - 59488/-
                                   Total          =Rs.1,18,976/-
Since the Tribunal has granted only Rs. 30,000/- towards loss of dependency, theclaimant deserves enhancement of compensation by (Rs. 1,18,976
â€" 30,000/-) Rs. 88,976/-
The respondent No. 1, Oriental Insurance Company is directed to pay the said amountof Rs. 88,976/- in addition to what was granted by the
Tribunal, with the interest, by depositing the same with the Tribunal within 6 weeks.
The appeal stands allowed.
Send back the LCR.