High Court · 2012

6. On appreciation of the evidence, both oral and documentary, the Tribunal had assessed the compensation at Rs.6,40,000/- with interest @7% per an num from the date of filing of the claim petition i.e. 23.09.2005 till the date of actual payment. 7. Ms. R. Borah, learned CGC submitted that there is no legal evide nce to assess the monthly income of the deceased at Rs.5,000/- per month as has been determined by the Tribunal. She further submitted that even if the oral tes timonies of PWs. 1,2 and 3 are taken, it would be evident that they have also no t given any definite statement regarding the income of the deceased, they have a ll given same statement that the income of the deceased was about Rs.5,000/-. Sh e further submitted that the amount that has been assessed for loss of love and affection cannot be given, as the sons are not expected to get the said amount i n view of Rashbihari Prasad Vs. Parvati Kedia & Ors., reported in (1993) 1 GLR 2 27, where this Court held that (cid:28)strictly speaking, children also will not be ent itled to compensation for loss of affection (cid:29). 8. On the other hand, Mr. M.A. Sheikh, learned counsel strenuously argued that in the written statement, the Union of India did not raise such ques tion challenging the veracity of the income as made by the claimants. Apart that , it is not improbable that the deceased was earning the sum as assessed by the Tribunal. Moreover, he sufficiently laid emphasis on that the family comprising of three members unless generated income to that extent could not have survived in these days of price spiral. 9. In the appeal being MAC App. No.184/2010, the appellants have on ly raised the question of rate of percentage that has been given. Mr. M.A. Sheik h, learned counsel has categorically submitted that in some cases the Apex Court has awarded the interest @12%. The said generalised submission is well apprecia ted by this court. Even in the Employee’s Compensation Act, 1923, at Section 4(a ), interest that is prescribed is 12% per annum irrespective of whatever interes t rate if prevailing in the relevant time. But in the motor accident claim, what is followed is the rate of interest that is prescribed for the deposit made in the term deposit scheme.

10. On appraisal of the rival contentions as advanced by the learned counsel for the parties, this court finds it appropriate to re-assess the compe nsation as follows : The income of the deceased namely, Nilima Talukdar is assessed by this court at Rs.4,000/- per month. Accordingly, the annual income of the deceased comes at Rs .48,000/-. From that amount, by deducting 1/3rd for personal expenses, the annua l loss of dependency comes at Rs.32,000/- (Rs.48,000 - Rs.16,000/-). The multipl ier as chosen by the Tribunal has not been controverted by either of the parties , as such, for ascertaining the total loss of dependency, the said amount of Rs. 32,000/- is to be multiplied by ’15’, thus it comes to Rs.4,80,000/-. With this amount, a sum of Rs.5,000/- for funeral expenses and Rs.10,000/- for loss of est ate is to be added. The total compensation comes accordingly to Rs.4,95,000/-. T he said amount shall carry interest @8% per annum from the date of filing the cl aim petition i.e. 23.09.2005 till the payment is made. 11. The Union of India, the appellant in MAC App. No.77/2008 and res pondent No.1 in MAC App. No.184/2010, is hereby directed to deposit the awarded amount, in the Tribunal within 2(two) months from today with interest @8% per an num from the date of filing of the claim petition till the payment is made, on a djusting the payment, if any, made in the mean time. On such deposit, the claima nts shall be at liberty to withdraw the said amount in equal share on proper ide ntification. The statutory amount as deposited by the Union of India, appella nt in MAC App. No.77/2008, shall be refunded to them on proper application. 12. Accordingly, both the appeals are allowed to the extent as indic ated above. In the fact and circumstance of the case, there shall be no order as to costs. Return the LCRs forthwith.