Lalnunsiami and Others vs C. Chamaw and Others

Lanusungkum Jamir, J.

Heard Mr. L.H. Lianhrima, learned Senior Counsel appearing for the appellants. Also heard Mr. Zochhuana, learned Counsel appearing for the respondent No. 2/M/s. United India Insurance Company Limited. By this appeal, the judgment and order dated 29th May, 2014 passed by learned MACT, Aizawl, Mizoram in MACT Case No. 39 of 2013 has been challenged for enhancement of the award. The learned Tribunal had given compensation of Rs. 1,29,500 in funeral expenses of the claimant/appellants with interest at the rate of 9 percent from the date of filing. It was to be paid by the respondent No. 2 i.e., M/s. United India Insurance Company Limited.

Mr. L.H. Lianhrima, learned Senior Counsel appearing for the appellants submits that while making the compensation award, the learned Tribunal had failed to take consideration of the observation made in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , with regard to deduction towards personal and living expenses of the deceased. He submits in the present case that the deceased had 5 (five) dependant family members and therefore the learned Tribunal which has deducted 1/4th towards personal and living expenses. However, in the instant case, the learned Tribunal has deducted 1/3rd towards personal and living expenses. He also submits that no consideration was given to the observation made by the Supreme Court in the case of Rajesh and Others Vs. Rajbir Singh and Others, .

In view of the matters which have already been considered, it was incumbent on the learned Tribunal to have considered giving up an amount towards loss of consortium and loss of parental love, affection and guidance and also prays for funeral expenses.

Mr. Zochhuana, learned Counsel appearing for the respondent No. 2, submits that no backup had been given in the claim petition which was filed by the claimant. He also submit that the dead body of the deceased was claimed only after 5 days of the death of the deceased and therefore it is and the wife and daughter of the deceased and, therefore, he submits that the present appeal.

I have considered the submission made by the learned Counsel for the parties. I have also considered the records placed before this Court. The claims as prayed for compensation of 6 lakh as per provision of law that have been the claim of the claimant, it was incumbent on the part of the learned Tribunal to have considered the compensation paid to the claimants on the basis of the settled questions with regard to the above.

The second submission made by learned Counsel appearing for the respondent No. 2 that whether the claimants are the real wife and daughter of the deceased, this Court would not like to go into the detail assumption filed by the claimant/appellants for enhancement of compensation award.

Learned Tribunal has also decided in the absence of cross-objection and the submission made by the learned Counsel appearing for the respondent No. 2.

After considering the observation made by the Hon''ble Supreme Court in the case of Sarla Verma (supra), as well as in the case of Rajesh and Others (supra), this Court is of the considered opinion that the appellants have made out the case for enhancement of the compensation award.

Accordingly, the impugned judgment and order dated 29th May, 2014 passed by the learned Tribunal in MACT case No. 39 of 2013 is modified and the claimant/appellant shall be entitled to compensation as under:

Mr. Zochhuana, learned Counsel appearing for the respondent No. 2 submits that the Insurance Company has already paid the admitted amount of Rs. 1,41,379 to the appellants pursuant to the Judgment and Order dated 29th May, 2014. In view of the same, the respondent No. 2 shall pay an amount of Rs. 3,62,500 � 1,41,379 = Rs. 2,21,121 with interest at the rate of 9% within a period of 3 months from today.

Appeal is allowed. No cost.