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Judgment
Heard the parties. On 8.11.1992 Maghnath Murmu. while travelling on roof of bus (BEP-9750) was hit by barrier of the chek-post. on his head, as a result of which, he fell down from the top of bus on road and sustained serious injuries and thereafter died.
On calculating annual dependency at Rs. 12,000/- the Tribunal applied 14 multiplier considering age of deceased at 25 years and that of his mother and applied 14 multiplier thereon. In this manner, a sum of Rs. 1,68,000/- was calculated as compensation amount under the Act.
The insurer of the bus, appellant before us, has no grievance against the aforesaid calculation of compensation amount. However, they have challenged the impugned award in respect of sum of Rs. 30,000/-added thereon in the following manner :
"(a) Rs. 10,000/- for loss towards mental shock and anguish, pain etc.
(b) Rs. 10,000/- for loss of future happy life with the deceased.
(c) Rs. 5,000/- for loss of consorting on companionship.
(d) Rs. 5 ,000/- for loss of enjoyment of life on the death of deceased."
The deceased was a bachelor and claimants were his mother and brother and as such there was no occasion for granting any compensation of loss of consortium on companionship. The amounts awarded under the aforesaid other three items (a), (b) and (d) were also not required to be granted for the reason that the Tribunal had already calculated compensation amount after fixing annual dependency and applying appropriate multiplier thereon.
We are, therefore, of the opinion, that claimants- respondents 1 and 2 were not entitled to get the aforesaid amount of Rs. 30,000/- consequently the impugned judgment and award is modified to the extent that instead of Rs. 1,98,000/- claimants respondents are entitled to get Rs. 1,68,000/- only. We also reduce the rate of interest granted by tribunal from 12% to 9% per annum.
It is made clear that if aforesaid amount is not paid within two months, the insurance company will be liable to interest @ 15%. as granted by tribunal.
Statutory amount of Rs. 25,000/-. deposited by appellant by Challan No. J-113 dated 14.11.2000 in this appeal is permitted to be withdrawn by appellant on proper verification and in accordance with law.
This appeal is disposed of accordingly.