The court's decision was influenced by settled legal principles and the consent of the respondents' counsel, leading to adjustments in the compensation calculation for various aspects of the motor accident claim.

Suresh Kait, J. (Oral)

CM No.14044/2012 (for delay)

In view of the averments made in the application, the delay of 32 days in filing the instant appeal is condoned.

The application stands disposed of.

+ MAC.APP. 886/2012

1. The instant appeal has been preferred against the impugned award dated 09.04.2012, whereby the learned Tribunal has granted compensation for a sum of Rs.5,05,704/- with interest at the rate of 7.5% per annum from the date of filing the petition till realization of the amount.

2. Learned counsel appearing on behalf of the appellant/Insurance Company has argued that the only dependant is wife of the deceased, however, while calculating the compensation, the learned Tribunal has deducted one-third of the income of the deceased towards personal expenses instead of one-half.

3. Learned counsel further argued that the learned Tribunal has granted a sum of Rs.50,000/- towards funeral charges, whereas, the Full Bench of the Apex Court in the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563, has granted only Rs.25,000/- towards the same and this Court has been consistently following the aforesaid dictum while deciding the appeals on this issue.

4. On the other hand, learned counsel appearing on behalf of the respondents/claimants does not dispute the proposition of law advanced by the learned counsel for the appellant/Insurance Company. However, submitted that the compensation on account of loss of consortium and loss of estate may be increased for just compensation in view of the dictum of Rajesh (Supra).

5. Keeping in mind the facts and circumstances of the case, settled position of law and the consent of the learned counsel for the respondents/claimants, I deduct one-half of the amount from income of the deceased towards personal expenses and funeral charges are reduced from Rs.50,000/- to Rs.25,000/-. However, I enhance Rs.1,00,000/- towards loss of consortium and Rs.10,000/- towards loss of estate.

6. Consequently, the compensation amount comes as under:-

Sr. No. Heads Calculation as per MACT Calculation as per this Court

i. Loss of dependency Rs.3,40,704/- Rs.2,55,528/-

ii. Funeral charges Rs. 50,000/- Rs. 25,000/-

iii. Love and affection Rs.1,00,000/- Rs.1,00,000/-

iv. Loss of consortium Rs. 10,000/- Rs.1,00,000/-

v. Loss of estate Rs. 5,000/- Rs. 10,000/-

Total Rs.5,05,704/- Rs.4,90,528/-

Resultantly, an amount of Rs. Rs.15,176/- is reduced from the compensation. Thus, the award amount is assessed for Rs.4,90,528/-.

7. Accordingly, the instant appeal is partially allowed. 8. Consequently, the Registry of this Court is directed to release the statutory amount and the excess amount with proportionate interest in favour of the appellant/Insurance Company. Further directed to release the remaining compensation amount with up-to-date interest accrued thereon in favour of the respondents/claimants in terms of the award dated 09.04.2012.

CM No.14042/2012 (for stay)

With the disposal of the appeal itself, this application has become infructious. The same is accordingly dismissed.