The single judge enhanced motor accident compensation from Rs. 1.25 lakh to Rs. 2.07 lakh by revising the deceased's annual income to Rs. 36,000 and adjusting the multiplier from 11 to 8, granting relief with interest.
Compensation enhanced to Rs. 2,07,000 with interest at 6% p.a. granted to the claimants.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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APPELLANTS: .: ^^mt.UijawalaS^rkar Wd/olate .. p• CLAIMANTS ; Harinand Sarkar, aged about §0years ^^l^inorKu.3ayanti.SarkarD/o.lafe;;. :<^?siaii 1-larinai'id Sa!rKar, ageel about I'4years ^- 1inoFChaFidanSarkar,S/olate ^.-iJS-^S^' ^^5...£* , Hari hand Sarkar, aged abpyt O 1 'years ^ \ -<.».'•'' - ^4^MinQr UnneshSarkarS/o late l-larinahd SarkarAged'aboyt.06ygars; ; ',.J •: • AppellantNo. 2,3^.4arenlinQ!-t:hrQugh legaf gyardian appellanf No. 1, mother Smt.Ujjawala Sarkar' ;. All R/oVillageP.V.-3,Pakhanjur, . : Thana andTahsil Pakhanjur, Distnet.North :.;Bastar,Kanker(C.G.)^''.'' '• .Versus::;;:',:':;;'-'/1:: .::':'"::;': :.. RESROMDENTS: I. '^Djpahkarl<i.indu:S/&C.N. Kyjicli.j^aged , NQttKlAIMANTS ^ <f^^ ; • R/O^Viilage Pakhanjur,Tahsil,Pakhanjur, • DistrictKanker(G,G;) . .'^^^ .^ 2.^ The New India Insyrance Compahy • f ' Limited, Near'JhankarTalkies/JaipyrRoad,: 3agdalpur,,DJstrictBastar(C.G.).^
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MISC. APPEALCNo. 260/2009
APPELLANTS Smt. Ujjawala Sarkar and others
Versus
| RESPONDENTS |
|---|
| SB:- Hon. Shri N.K. Agarwal, J |
Dipankar Kundu and another
PRESENT:-
Shri A.L. Singrol, Advocate for the appellants. Shri Deepak Gupta, Advocate for respondent No. 2.
ORAL ORDER
(13-7-2010)
^
.a-FS
deceased Harinand Sarkar in the said accident. Tribunal has further awarded interest @ 6% per annum from the date of application.
By deducting 1/3 ofRs. 36,000/- towards personal expenses ofthe deceased, yearly loss of dependency would be worked out to Rs. 24,000/-. Since the deceased was of the age of 55 years, in the considered opinion of this Court, appropriate multiplier woiild be 8 and not l-1. By multiplying the yearly loss of dependency with multiplier of 8, the compensation towards loss of dependency would be Rs. 1,92,000/-. By adding Rs. 15,000/- as awarded by the Tribunal towards other heads, the total amount for which the clainiants are entitled coines to Rs. 2,07,000/-. The Tribunal has awarded Rs. 1,25,000/-, therefore, the claimants are entitled for a furfher sum of Rs. 82,000/- as compensation. The claimants are also entitled for interest at the rate of 6% per annum from the date of application.
8.' For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement ofthe compensation is allowed in
part. The compensation of Rs. 1,25,000/- awarded by the Tribunal is enhanced to Rs. 2,07,000/- with interest @ 6% per annum from the date of application. Thus the appellants are entitled for a further sum of Rs. 82,000/along with interest @ 6% per annum from the date of application till its payment from the respondent No. 3.
[.K. AgrawaS
2 issues framed by the court
Whether the compensation awarded by the Tribunal for the death in a motor accident requires enhancement based on revised notional income and multiplier.
Whether the interest awarded on the compensation should be maintained at 6% per annum.
2 provisions across 1 enactments
Smt. Ujjawala Sarkar and others
Dipankar Kundu
The New India Insurance Company Ltd.
Shri N.K. Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
