New Delhi, Dec 24 (UNI) The Supreme Court has reduced the accident compensation awarded to the wife of Mizoram chief secretary for the death of their daughter from Rs 12 lakh to Rs 5 lakh holding that while computing the compensation, the age of the claimant and not that of the victim should be taken into account.
Zoremsangi, daughter of Mizoram chief secretary, died in a road accident on July 8,1997.
The deceased, a member of Indian Information Service, was working with the Union ministry for Information and Broadcasting.
She was travelling from Mumbai to Pune in a Maharashtra State Road Transport Corporation (MSRTC) bus, the appellant.
The claimant, Lalnipuii, mother of the decased, filed an accident claim petition for Rs 15 lakh but the Motor Accident Claim Tribunal (MACT), Aizwal, awarded Rs 12 lakh along with interest at 15 per cent per annum from the date of judgment till the date of realisation.
The appeal of the MSRTC was transferred from a Gauhati bench to an Aizwal bench of the Gauhati High Court without notice to the appellant Corporation.
an application for restoration and condonation of delay filed by MSRTC was dismissed by the High Court.
A Bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta, in a judgment dated December 15, noted, ''The deceased was the only daughter of her parents and was not staying with them and there is no material to show that she was contributing to the household expenses. Taking into account the age of the claimant and the monthly income as noted by the Tribunal a total sum of Rs 5,00,000 shall be payable by the appellant to the respondent as award. This quantum is fixed taking into account the age of the claimant, income of the deceased and other relevant factors like loss of love and affection, mental shock and others.
Interest is fixed at the rate of 7.5 per cent from the date of claim till payment. It is stated that a total sum of Rs 10,00,000 has been paid to the respondent''.
It further stated, ''If any further amount is to be paid on the basis of the direction as contained above , the same shall be paid within three months from today. If however the amount already paid is in excess of the entitlement, same shall be returned within a period of three months." The apex court also noted that when parents are the claimants, the age of the deceased is not relevant and it is the age of the claimants which would determine the multiplier to be adopted. On that score it is clear that the Tribunal's assessment of quantum of award was incorrect." UNI AKS SC SB GC1135
Zoremsangi, daughter of Mizoram chief secretary, died in a road accident on July 8,1997.
The deceased, a member of Indian Information Service, was working with the Union ministry for Information and Broadcasting.
She was travelling from Mumbai to Pune in a Maharashtra State Road Transport Corporation (MSRTC) bus, the appellant.
The claimant, Lalnipuii, mother of the decased, filed an accident claim petition for Rs 15 lakh but the Motor Accident Claim Tribunal (MACT), Aizwal, awarded Rs 12 lakh along with interest at 15 per cent per annum from the date of judgment till the date of realisation.
The appeal of the MSRTC was transferred from a Gauhati bench to an Aizwal bench of the Gauhati High Court without notice to the appellant Corporation.
an application for restoration and condonation of delay filed by MSRTC was dismissed by the High Court.
A Bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta, in a judgment dated December 15, noted, ''The deceased was the only daughter of her parents and was not staying with them and there is no material to show that she was contributing to the household expenses. Taking into account the age of the claimant and the monthly income as noted by the Tribunal a total sum of Rs 5,00,000 shall be payable by the appellant to the respondent as award. This quantum is fixed taking into account the age of the claimant, income of the deceased and other relevant factors like loss of love and affection, mental shock and others.
Interest is fixed at the rate of 7.5 per cent from the date of claim till payment. It is stated that a total sum of Rs 10,00,000 has been paid to the respondent''.
It further stated, ''If any further amount is to be paid on the basis of the direction as contained above , the same shall be paid within three months from today. If however the amount already paid is in excess of the entitlement, same shall be returned within a period of three months." The apex court also noted that when parents are the claimants, the age of the deceased is not relevant and it is the age of the claimants which would determine the multiplier to be adopted. On that score it is clear that the Tribunal's assessment of quantum of award was incorrect." UNI AKS SC SB GC1135
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