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Judgment
This cross-objection is preferred by the claimants for enhancement of compensation, is against the judgment and order passed by the Motor Accident Claims Tribunal, Ratnagiri (for short “The Tribunal”).
It is contention of learned counsel for the cross-objectioner that the wife of the deceased has got service on compassionate basis after death of her husband and the salary received by her has been deducted from the monthly income of the deceased which is erroneous. Hence requested to allow the appeal.
It is contention of learned counsel for the respondent-Insurance Company that the Tribunal has passed well reasoned order. The wife of the deceased has got the service on compassionate basis, hence, salary received by her is a part of income of the deceased. Hence, requested to dismiss the cross-objection.
I have heard both the learned counsel. Perused the impugned judgment and order passed by the Tribunal.
Admittedly, after the death of the deceased, his wife got compassionate appointment and she has received salary. While dealing with the issue income of the deceased, the Tribunal has deducted the amount of salary received by the wife from the monthly income of the deceased. I am unable to understand that the observations of the Tribunal deducting the salary as the wife has got the service on compassionate basis and she is working there and she is getting salary for her work, so the salary received by her cannot be deducted from the monthly income of the deceased. Considering these facts, the cross-objectioners are entitled for following compensation :
| Annual Income (14,493/- X 12) | Rs.1,73,916/- |
| Add: 50% future prospects | Rs.86,958/- |
| Total Annual Income | Rs.2,60,874/- |
| Less 1/3rd amount for personal expenses | Rs.86,958/- |
| Net Yearly Income | Rs.1,73,916/- |
| Multiplier 15 (Rs.1,73,916/- X 16) | Rs.27,82,656/- |
| Loss of consortium Rs.48,000/- X 1 (Claimants) | Rs.48,400/- |
| Loss of Spousal consortium Rs. 48,000/- X 1 | Rs.48,400/- |
| Funeral Expenses | Rs.18,150/- |
| Loss of Estate | Rs. 18,150/- |
| Total amount of compensation | Rs.29,15,756/- |
| Less awarded by the Tribunal | Rs. 5,77,000/- |
| Enhanced amount | Rs.23,38,775/- |
In view of above, I pass following order:
ORDER
I. The cross objection is allowed.
II. The appellants/claimants are entitled for enhanced compensation of Rs.23,38,775/- @ 6.% interest from the date of filing claim petition till realization of the amount. Out of this amount Rs.84,700/- is consortium amount, the claimants’ are entitled @ 7.5% interest on it from 1st November 2017, till realization of the amount.
III. The respondent-insurance company shall deposit the enhanced compensation amount along with accrued interest thereon, within six weeks after receipt of this order.
IV. The cross objectioner-claimants are permitted to withdraw the deposited amount along with accrued interest thereon.
V. The claimants shall pay the deficit Court fees on enhanced amount, if any, as per Rule.
VI. Record and Proceedings be sent back to the Tribunal.
In view of the above, the appeal is allowed and disposed of.
All pending applications, if any, stand disposed of.