Patna High Court - Orders
Most.Hadisan Khatoon & Ors vs Dinesh Kumar Purswani & Ors on 19 February, 2010
Author: Dipak Misra
Bench: Dipak Misra
IN THE HIGH COURT OF JUDICATURE AT PATNA
MA No.463 of 2009
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1. Most. Hadisan Khatoon wife of late Shekh Shamsul, resident of Village-Anir
Khan, Tola-Sugauli, P.S. Sugauli, Distt.-East Champaran.
2. Saddam Hussan S/o Sk. Shamsul
3. Rustam Hussan S/o Sk. Shamsul
4. Apsana Khatoon, D/o Sk. Shamsul
All resident of Village-Anir Khan, Tola-Sugauli, P.S. Sugauli, Distt.-East
Champaran.
.... .... Applicant/Appellant
Versus
1. Dinesh Kumar Purswani son of Jai Kumar Purswani, resident of Village
Sindh camp, Satna, Distt. Satna, Madhya Pradesh.
2. Ashok Patel son of Dinbandhu Patel resident of Village Basgara, P.S.
Sherpur, Distt. Riwa, M.P.
3. The Oriental Insurance Company Limited through its Branch Manager, Balua
Tal, Motihari.
.... .... Opposite party/Respondents
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For the Appellants : Mr. Pramod Kumar Pandey, Advocate
For the Insurer : Mr. Barun Kumar Choudhary, Advocate
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3. 19.2.2010. Though this matter was listed for orders, yet on consent of learned counsel for the parties, it is finally heard.
Heard Mr. Pramod Kumar Pandey, learned counsel for the appellants and Mr. Barun Kumar Choudhary, learned counsel for the Insurer.
In this appeal challenge is to the order dated 28th April, 2009 passed by the learned District Judge-cum- Claims Tribunal, East Champaran at Motihari in Claim Case -2- No.11/2006, whereby he has awarded a sum of Rs.1,30,000/- for the death of the deceased who is stated to be a mason.
The facts leading to accident, the causation of accident, the age of the deceased, the status of the appellants qua the deceased and all other aspects are not in dispute before this Court. The only question that arises for consideration whether the tribunal has awarded compensation in a just and proper manner.
On a perusal of the award, it transpires, the tribunal has computed the income notionally and fixed the yearly contribution at Rs.10,000/-. It has come on record that the deceased was a mason. He was 50 years of age and sustaining a family.
Regard being had to the totality of the circumstances, I am disposed to think, his contribution to the family would not have been less than Rs.1500/- per month.
Thus the yearly contribution would be Rs.1500/-x12=Rs.18,000/-. Considering the age of the deceased the multiplier of 13 would be attracted. Hence, the amount on this score would come to Rs.18,000/- x 13=2,34,000/-. To the aforesaid amount, a sum of Rs.10,000/- -3-
is added for loss of consortium and Rs.2,000/- towards funeral expenses. Therefore, in toto, the amount of compensation would come to Rs.2,46,000/-. The differential enhanced sum shall be deposited before the tribunal within a period of three months from the date of receipt of the order passed today and the said amount be disbursed keeping in view the decision rendered in General Manager, Kerala State Road Transport Corporation, Trivandrum v. Mrs. Susamma Thomas and others, A.I.R. 1994 SC 1631.
The appeal is allowed in part and the award passed by the tribunal is modified accordingly. There shall be no order as to costs.
(Dipak Misra, CJ) Pawan/