The New India Assurance Co. Ltd. vs Smt. Laxmibai and others

Hon''ble Shri N.K. Mody, J.—Being aggrieved by the award dated 31.8.2009 passed by 2nd MACT, Mhow, Dist.Indore in Claim Case No.19/2009, whereby claim petition filed by respondent No.1 was allowed and compensation of Rs.2,59,389/-was awarded, present appeal has been filed. Short facts of the case are that in a motor accident, which took place on 6.5.2005, one Purushottam died. His married daughter filed claim petition for compensation, which was allowed and an amount mentioned hereinabove was awarded against which present appeal has been filed.

The only ground, which has been raised by Learned Counsel for appellant is that since respondent No.1 is the married daughter of the deceased, therefore, respondent No.1 is not entitled towards monetary loss. Learned Counsel submits that at the most respondent No.1 is entitled for compensation on account of loss of love and affection. It is submitted that appeal be allowed and the award be modified accordingly.

From perusal of the record it appears that vide order dated 12.5.2010 the operation of the award was stayed subject to depositing the half of the amount.

Learned Counsel for respondent No.1 submits that in a death case amount awarded is just and proper. Learned Counsel submits that since the respondent No.1 was the only daughter, therefore, no illegality has been committed by the learned Tribunal in awarding the compensation. It is submitted that appeal be dismissed.

In the matter of Smt. Manjuri Bera Vs. The Oriental Insurance Company Ltd. and Another, wherein the Hon''ble Apex Court has held that a married daughter not dependent on the deceased is entitled to file claim for the death of her father, therefore, contention of counsel for the appellant that the respondent No.1 being a married daughter is not entitled for compensation cannot be accepted. However, since the respondent No.1 was married long back while the deceased was living separately, therefore, it can safely be said that the respondent No.1 was not dependent on the deceased. In the facts and circumstances of the case, this Court is of the opinion that the amount awarded by the learned tribunal after assessing the income of the deceased and after applying the multiplier is on higher side. In view of this, appeal filed by the appellant is allowed in part by reducing the amount of compensation to the extent of 50%. With the aforesaid observations, appeal stands disposed of accordingly. C.C. as per rules.