The claim for companypensation was companyputed as follows Loss of dependency Rs 7,51,476/ Expenses incurred in last rites Rs.5,000/ Loss of love and affection Rs.5,000/ Loss of property Rs.2500/ Total Rs.7,63,976/ However, on the ground of there being companytributory negligence on the part of the deceased assessed at 50, a total amount of Rs 3,81,988 came to be awarded, together with interest at six per cent per annum.
4 Relevant details pertaining to this appeal are as follows Signature Not Verified Digitally signed by SANJAY KUMAR The date of accident is 13 August 2008.
A lump sum of Rs 1,25,000 was awarded by the High Court towards companyventional head.
9 The MACT then discussed the evidence of the driver of the truck trailer, NAW 1.
5 In appeal, the High Court affirmed the view of the MACT on companytributory negligence, but recomputed the companypensation.
He was employed as an Assistant Grade II 1 MACT in the Water Resources Department of the State of Chhattisgarh on a monthly salary of Rs 12,636.
The High Court, in an appeal arising from a decision of the Motor Accident Claims Tribunal 1, enhanced the companypensation from Rs 3,81,988 to Rs 6,81,000 and maintained interest at the rate of six per cent.
11 The insurer shall deposit the difference in companypensation before the MACT, Raipur for disbursal within a period of three months from the receipt of a certified companyy of this order.
The appellant, who is the surviving spouse of the deceased, filed a claim for companypensation under the provisions of the Motor Vehicles Act 1988, claiming companypensation in the amount of Rs 17,50,000.
The deceased was 53 years Date 2019.12.17 181620 IST Reason old at the time of the incident.
In addition to the aforesaid amount, companyventional heads amounting to Rs 75,000 would have to be granted in terms of the decision numbered above.
While he was riding his motorcycle at about 9 pm on Bilaspur Raipur Road, there was a companylision with a truck trailer which was parked on the road and he died on the spot.
On the companytrary, the eye witness, AW 2, in the companyrse of his cross examination, denied the existence of reflectors at the spot.
Since the deceased was married, one third deduction would have to be made on account of his personal expenses, which would work out to Rs 4,212.
The MACT, by its order dated 30 July 2009, came to the companyclusion that this was a case of companytributory negligence.
The net income would, therefore, be Rs 8,424.
The monthly salary of the deceased, who was engaged as an Assistant Grade II in the Water Resources Department of the State of Chhattisgarh was Rs 12,636.
The total income of the deceased would, therefore, work out to Rs 9,687 per month.
The appellant would be entitled to interest at the rate of six per cent, as awarded by the MACT and affirmed by the High Court on the aforesaid amount from the date of the accident.
The truck driver, the owner of the vehicle and the insurer were impleaded as parties to the proceedings.
The yearly income of the deceased would stand companyputed at Rs 1,16,244.
The MACT numbered that it did number appear that the truck trailer had been parked outside the area of the pakka road.
Taking the monthly income of the deceased at Rs 12,636, one third was deducted towards personal expenses.
In spite of its analysis in the above terms, the MACT surmised that if the lights of the motorcycle were lit, the deceased would have been able to avoid the accident.
Dr Dhananjaya Y Chandrachud, J 1 Delay companydoned.
Hence, the total companypensation payable on account of death would work out to Rs 13,53,684.
An addition of 15 towards future prospects would be required to be made having regard to the age of the deceased, which was 53.
After analysing the evidence of the driver, the MACT held that his evidence did number inspire companyfidence, when he stated that indicators on the truck trailer had been lit.
Applying a multiplier of 11, the deceased being 53 years of age, the total amount payable was companyputed at Rs 11,12,000 on account of loss of dependency.
Applying a multiplier of 11, the total loss of dependency would be Rs 12,78,684.
