Chander Kanta and Others vs Balwant Sharma and Others

K. Kannan, J.—The appeal is for enhancement of compensation for death of a male, aged 43 years in a motor accident on 06.06.2002. The deceased was a Head Salesman in a private company and it was contended that the deceased had additional income through part-time work and earned about Rs. 5,000/-. The Tribunal assessed a compensation of Rs. 3,67,000/-.

The income tax returns brought on record through Exs. A8 and A9 showed that for the two years before his death, he had shown an income of Rs. 53,000/- and Rs. 54,000/- respectively. I shall take the average monthly income at Rs. 4,500/- and rework the compensation on the scales secured through various decisions and tabulate them as follows:-

There shall be an award for Rs. 10,62,100/-.

I notice that there has been a proposal for settlement for a like amount by the claimants but the Insurance Company was not prepared to move to the negotiating table and has defied the court to render a judgment on an adversarial mode. It is unfortunate that the insurer must betray such an uncooperative stand. The additional amount secured through this award shall carry interest at 9% and the right of enforcement shall be available against the insurer. The amount shall be distributed equally in favour of all the claimants.

The major claimants shall be permitted to withdraw the additional amount upto 80% and the remaining 20% shall be put in fixed deposit in 3 different deposits with any nationalized bank, the 1st deposit for a period of 1 year, the 2nd for a period of 2 years and 3rd deposit for a period of 3 years. The amount shall be disbursed by the bank directly under the advice to the Tribunal. As regards the minors, the same directions will apply on attaining the respective dates of majority.

The appeal is allowed with costs assessed at Rs. 25,000/- against the insurer.