Swapna Rani Paul and Others vs National Insurance Company Ltd.

P.G. Agarwal, J.—Heard Mr. P.K. Roy, learned Counsel for the Appellant as well as learned Counsel for the Respondent Insurance Company.

This appeal by the Appellant is directed against the award dated 25.04.2000 passed by the learned Member, Motor Accident Claims Tribunal, Tinsukia in MAC case No. 45/1998 whereby a sum of Rs. 7,00,000/- has been awarded as compensation to the claimants.

Brief facts are-One Sri Swapan Kumar Paul, an employee of the United Bank of India met with a motor accident on 08.04.98 on the National High Way No. 38 near Margherita. The deceased sustained grievous hurt and was removed to hospital where he succumbed to the injury. A claim petition was filed by the wife for herself and her two minor sons and one daughter. The Tribunal after hearing the parties determined the annual dependency at Rs. 81,000/- after necessary deductions as provided under the law. The deceased was aged about 51 years at the time of death and thus a multiplier of 11 was adopted and the claim was assessed at Rs. 8,91,000/-. However, considering the fact that the application for compensation was for Rs. 7,00,000/- only the Tribunal awarded a sum of Rs. 7,00,000/- as stated above. Hence, the present appeal.

In this case, the death of the deceased due to motor accident is not in dispute and the Insurance Company also did not dispute the findings that the death was due to the negligence of the driver of the vehicle. As regards the amount of compensation, the sole grievance of the Appellant is that once the multiplier of 11 was adopted by the Tribunal, there is no scope to reduce the amount. It is further stated that in the application the Appellants claimed a total sum of Rs. 7,00,000/- including Rs. 5,000/- towards pain and sufferance and loss of consortium, Rs. 20,000/- for loss of estate and medical expenses and Rs. 15,000/- as funeral expenses etc. We find that the deceased was aged about 51 years and was in the employment in the Bank and as such he was to retire after 7 years of more service and thus adoption of multiplier 11 was not called for. Law in this regard is well settled that in case of award of compensation in unfortunate death, there is no question for any windfall. We find that the award of Rs. 7 Lac have not been challenged either by the Insurance Company or by the owner of the vehicle as stated above. Therefore, we do not propose to interfere with the impugned award. There is no dispute at the bar that as per the claimant, a sum of Rs. 9,08,404/- has been paid to the claimant. So far the claim of enhancement of compensation is concerned, in view of the age of the deceased and considering the period of service left, no case of interference is made out. The appeal stands dismissed with no order as to costs.