This appeal by the appellant-Insurance Company is directed against the judgment/award
dated 31.8.2013, passed by the Motor Accident Claims Tribunal, Kalahandi, Bhawanipatna, in MAC
Case No.03 of 2010, awarding an amount of Rs.3,90,000/- as compensation along with interest @
7% per annum from the date of filing of the claim application, till payment.
Learned counsel for the appellant-Insurance Company submits that as there was no clear
and credible evidence to show that the deceased was earning Rs.3,000/- per month at the time
of his accidental death, learned Tribunal erred in accepting the same and calculating the comp
ensation amount on that basis. It is submitted that in absence of any evidence in support of
the income of the deceased, learned Tribunal should have assessed the same on the basis of the
minimum wages prevalent on the date of the accident. It is further submitted that as the dec
eased was a bachelor, learned Tribunal erred in deducting 1/3rd of the income of the deceased
towards his personal expenses instead of 50%, for calculating the loss of dependency. It is f
urther submitted that the deceased being a bachelor, the average age of the parents should hav
e been the basis for applying the multiplier to calculate the loss of dependency. In the pres
ent case, as the average age of the parents of the deceased was in the age group of 50 to 55 y
ears, learned Tribunal should have applied the multiplier of 11 instead of 15, to calculate th
e compensation amount. It is further submitted that the award of Rs.30,000/- towards general
damages is not proper and justified.
