In addition to that Rs.5,000/ was granted towards funeral expenses and Rs.10,000/ towards mental agony and finally awarded Rs.10,25,176/ as companypensation with interest payable 5 p.a.
Thus, taking into companysideration his age and monthly salary at Rs.15,784/ , the Tribunal calculated the loss of dependency as Rs.10,10,176/ 2/3rd of Rs.15,784 x 12 x 8 .
It accordingly dismissed the appellants appeal.
Against the aforesaid order of the Tribunal, both Delhi Transport Corporation as well as the appellant herein have filed their respective appeals before the High Court.
On the other hand, the appellants appeal was for enhancement of companypensation.
The Tribunal also fastened the liability of making payment of companypensation on the Delhi Transport Corporation Respondent No.
The appellant claimant is the son of deceased Suresh Chandra Jain who died in a road accident.
He filed a claim petition before the Motor Accidents Claim Tribunal, Dehradun seeking companypensation of an amount of Rs.36,00,000/ on the basis that the deceased who was aged 55 years on the date of accident, was working as Executive Engineer with the Public Works Department of the Government of Uttarakhand and was earning a salary of Rs.26,950/ per month.
According to the original salary certificate of the deceased issued by the Executive Engineer, Public Works Department, Uttarakhand, the gross salary of the deceased was found to be Rs.26,950/ and after various deductions towards GPF, House Rent, GIS and Income Tax, the take home salary was determined as Rs.15,784/ p.m. The Tribunal companysidering the fact that the deceased was 55 years old, as evidenced by the documentary evidence, applied the multiplier 8.
On the other hand, learned companynsel for the respondent Insurance Company supported both the judgments of the Tribunal and the High Court.
As far as the appeal filed by the appellant herein is companycerned, the High Court was of the view that the amount awarded by the Tribunal as companypensation was perfectly justified.
The Delhi Transport Corporation pleaded that the bus was insured with National Insurance Company, therefore, the liability of making payment of companypensation lies on the Insurance Company.
The appellant, number satisfied with the quantum of companypensation and the rate of interest awarded by the Courts below, filed this appeal.
from the date of institution of claim petition till the date of payment.
484 of 2006.
V. RAMANA, J. This appeal by special leave arises out of the Judgment and order dated 26th March, 2008 passed by the High Court of Uttarakhand in a Motor Accidents Claims Appeal No.
